We all know that probate fights can be exhausting and very expensive. If you’re served with a probate contest or dispute, it’s critical that you have a lawyer who knows how to navigate through the system, since these disputes can last a while and drain your energy during this difficult time.
This is a forum which can be confusing for people, so it is important to have a Lake Mary probate disputes lawyer who can interpret and speak the legal language, and express the arguments in front of a judge. Most people do not know how to prepare and serve a motion, follow the court rules and statutes, and argue and advocate within a court context. That is where our knowledgeable probate attorneys show their value.
You really can’t predict when a probate fight is going to break out, but there are some telltale signs. Imagine that the person who died was the glue that held the family’s house of cards together. After death, that fragile house of cards begins to tremor and collapse. When you start seeing that the house of cards is at risk, the warning signs should be in place to ensure you’re appropriately protected in a probate litigation matter.
A common trigger point that creates animosity and hostility among family members is when one of them begins to take action without support from the rest of the family. This might occur when a person dies and someone begins making funeral arrangements without communicating with the rest of the family, or they begin to remove pieces of art and meaningful personal items from the house. More formally, a person might object to a will or specific provisions in it.
These types of actions are a sign that a fight may erupt, and it is the lack of effective communication and collaboration with the rest of the family that often drives probate litigation in Lake Mary.
The first way to prevent probate fights is not to act too soon. Make sure that you have the legal authority from the court through a letter of authority before you take any action that could affect the administration of the estate. Until you have that letter of authority, you are proceeding without legal authority. As it relates to funeral and burial arrangements, there are statutory authorities granted based on the particular standing within that family, but only after you have been given the legal authority.
Another telltale sign of dispute is claiming that the deceased favored one child over the other and they would have wanted the distribution of assets to reflect that. Unless the will specifies otherwise, just because you provided the care through their death or because you were the favored child, that does not give you legal authority to act to the detriment of others. The probate process allows for the orderly disposition of a probate estate. All family members should enter the probate phase understanding this rule.
The next rule is: fair distribution of assets doesn’t always mean equal, and it might not be the case that all beneficiaries receive the same amount. Under the statutes, there is a prioritization that exists in the event that there is no will. The will is the guidepost within the context of Florida statutes that allow for the orderly administration, and the will itself does not become effective until it is admitted to probate and a letter of authority is issued.
A Lake Mary lawyer can help set the scene for probate and fend off disputes before they blow up. It is important to understand that just because a will exists, doesn’t mean you then get to act immediately. And just because you have a will, doesn’t mean you avoid probate.
When a will is identified, there are certain reasons upon which you can contest or challenge the admission it being admitted into the probate process. Let’s go over some of the typical objections.
One objection is that the will was not drawn, signed, or witnessed appropriately, meaning it is deficient. Florida does have a savings clause which says if there’s a technical defect or mistake in the execution of that will, the document itself could still be deemed valid. A good lawyer can help you understand whether it is an appropriate challenge to claim a will was improperly drawn or executed.
The most common theory that we encounter is a claim that the testator had a mental deficiency and lacked the sound mind and capacity to sign a will. There are elements we can use to determine whether somebody meets that definition.
The next theory often advanced is that the will was done under force, duress, or undue influence, meaning the influence of another person was so overwhelming that the testator could not make their own independent objective decision to create the will.
Although less common, we also see claims that the will itself was forged; meaning that the signature was not that of the decedent or at the decedent’s direction.
Whether you are an executor who is trying to fend off these types of accusations, or a beneficiary who believes there was some reason to declare a will invalid, our Lake Mary lawyers are standing by to handle a probate conflict on your behalf.
When someone dies, especially someone who was a unifying force in a family, it is not uncommon to see people have different opinions about handling the estate. It is not easy to manage these conflicts, whether they are valid concerns or not. We’re happy to discuss your matter, point you in the right direction, and give you some clarity to dispel your concerns.
Call The Probate Pro now and speak with a Lake Mary probate disputes lawyer who knows exactly what you need to do next and how to get through probate as smoothly as possible.