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disputes involving wills, trusts, estates, account beneficiary forms, elective share, power of attorney, life insurance, breach of fiduciary duty and related matters
disputes involving wills, trusts, estates, account beneficiary forms, elective share, power of attorney, life insurance, breach of fiduciary duty and related matters
Our 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.
Our Probate Litigation Services Include
- Establishing or Contesting the Validity of Wills, Trusts and Related Estate Planning Documents
- Issues Concerning Lack of Capacity, Undue Influence, Fraud, Duress, Coercion, Elder Abuse, Improper Execution, Forgery, Dementia, Cognitive Impairment and Delusion
- Establishing or Challenging Beneficiary Designations, including Pay-On-Death, Life Insurance, Retirement Accounts, Checking and Savings Accounts and Brokerage accounts
- Actions to Partition Real Property
- Abuse of Power of Attorney
- Fraudulent Deeds
- Elective Share and Life Estate Disputes
- Advocating for Clients in Disputes among Relatives, Caregivers and former Friends, relating to the Division of Assets
- Establishing the Right to Inherit under Intestacy Laws when there is no Will
- Establishing or Contesting Homestead
- Tax Apportionment among Beneficiaries’ Shares
- Actions by or Against a Trustee including Breach of Fiduciary Duty, Accounting, and Objections to Accountings
- Entitlement to Distributions from a Trust
- Principal and Income Act, Fiduciary Accountings, and Objections thereto
- Claims against Estates for Recovery of Amounts owed by an Estate to an Individual or Entity
- Judicial and Non-Judicial Modification and Termination of Trusts
- Unwinding Transactions in which the Personal Representative / Trustee had a Conflict of Interest
- Imprudent Investment Decisions of the Personal Representative / Trustee
- Legal Malpractice in Drafting Wills and Trusts and Related Estate Planning Documents
- Disputes Concerning Self-Dealing by a Trustee / Personal Representative, Improper use of a General or Special Power of Appointment, and Imprudent Investment Decisions
Jared Gelles, Esq.
Probate litigation matters are often heart wrenching, complex and contentious. With three decades of experience Jared and his team have developed the experience, strategies and relationships to help clients reach successful outcomes and peace of mind. Call Jared today for a free case evaluation, (305) 458-8675.
Relationships Matter
Stolzenberg Gelles Flynn & Arango, LLP 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. Our 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.
Frequently Asked Estate and Probate Litigation Questions
What are my rights to receive my deceased relative’s assets under a will, trust or other estate planning document if I am not named in the document or was to receive a larger gift under a prior version of the document?
Whether you have rights depends on the validity of document at issue and includes many factors, such as:
- Whether you were a named beneficiary under a prior version of the will, trust or other estate planning document at issue (all such documents are called the “contested document” for purposes of the answer to this question);
- Whether the decedent was competent or subject to fraud, duress or undue influence at the time the contested document was executed;
- Whether the decedent suffered from dementia, cognitive impairment, physical infirmities, altered state of mind or delusion at the time of execution of the contested document;
- Whether the Decedent utilized the services of a new attorney in connection with the preparation and execution of the contested document, particularly if such attorney was recommended by the beneficiaries under the contested document;
- Whether the beneficiaries receiving new or increased gifts under the contested document were active in obtaining the new estate planning document;
- Whether the beneficiaries receiving new or increased gifts under the contested document occupied a position of confidence or trust with the decedent;
- Whether the decedent was isolated from loved ones and family members by the person(s) benefiting most from the change in the contested document;
- Whether the change to the contested document was made shortly before the decedent’s passing;
- Whether the final estate plan under the contested document, departs in either amounts or percentages from prior estate plans;
- Whether the beneficiary under the contested document is a natural and expected recipient of assets at death (for example, it is natural for a parent to make gifts to their children and less natural to make substantial gifts to acquaintances and caregivers).
While the existence of some or all of the above factors may give rise to a claim, the strength of each case depends on its specific facts.
If I want to pursue a claim, will the matter remain a private family matter?
How much will I have to pay you, as my attorney, and when will I have to pay your fees?
Is there a minimum amount a case must be worth for the lawyer to consider it?
A long time has passed, can I still call you regarding my case?
I do not live in Florida, can I still file a Lawsuit there?
I think my case is in a State other than Florida, can you handle it?
Contact Our Experienced Florida Estate and Probate Litigation Attorneys
We have helped many clients with their Florida probate and estate disputes. You may reach out to us by phone at (305) 458-8675 or you can complete our consultation request form on this page. We look forward to hearing from you.