The Firm’s probate litigation department represents the interests of heirs, beneficiaries, personal representatives and trustees in connection with inheritance disputes, probate claims, will contests, and litigation involving fiduciaries, trust accountings, life insurance, homestead and elective share litigation. The Firm has relationships with neurologists, psychiatrists, and other medical professionals whose expertise relates to confirming or contesting mental capacity to make a gift and susceptibility to undue influence. The Firm also maintains relationships with hand-writing experts, forensic accountants, and other respected experts who are often called upon to defend or prosecute contested claims in the unique field of probate litigation. The Firm’s services in probate litigation specifically include:
- Private pre-suit settlement of confidential family inheritance disputes where the preferred course of action is to limit public exposure to sensitive family matters.
- Litigation of Matters Involving Wills, Codicils, Trusts, Estates, Life Insurance, Bank Accounts, Powers of Attorney, Pre & Post Nuptial Agreements, and other Estate Planning Tools.
- Contesting the Validity of Beneficiary Designations on Life Insurance Policies, Retirement Accounts, Bank Accounts, and other Pay-On-Death Accounts.
- Representing Family Members in Financial Disputes among Relatives, Beneficiaries, Caregivers and Others.
- Actions for Termination of Trust, Breach of Fiduciary Duty, Accounting and Surcharge.
- Filing Claims Against Estates for Recovery of Debts Owed by, or to, a Decedent.
- Inheritance disputes relating to transfers made and documents executed by a person with diminished capacity.
- The Firm accepts probate litigation matters on an hourly, blended, and contingency fee basis, subject to the entry into a written retainer agreement executed in accordance with the Rules Regulating the Florida Bar.
- Legal Malpractice resulting from mishandling of estate administration, drafting of wills and trusts and conflicts of interest.