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Probate Law

Probate Litigation Attorney in Boca Raton

No one wants to go to court over probate matters. Unfortunately, inheritance disputes are becoming more common, and litigation may be necessary to protect your inheritance, or to ensure that your loved one’s estate is distributed according to their wishes.

If you find yourself facing an inheritance dispute in Florida, Stern Zwelling LLC can help. We focus our practice exclusively on estate planning, probate, and probate litigation matters. We have the knowledge, skill, and experience to provide you with the professional, high quality representation you need for these critical matters.

Will Contests

Contesting a will is perhaps the most common reason for probate litigation. When a will goes through probate court in Florida, interested parties receive a Notice of Administration, which triggers the statutory limitations period. If you receive a Notice of Administration or any other Formal Notice related to an estate which you have an interest in contesting, then you must immediately contact a probate litigation attorney. Wills are frequently challenged on a variety of legal bases, including:

  • Undue influence
  • Fraud
  • Lack of mental capacity

Breach of Fiduciary Duty

Trustees and executors have a fiduciary duty of care, loyalty, and account to the beneficiaries of a trust. When a trustee breaches their t duty, beneficiaries may sue for breach of fiduciary duty. Trustees may breach fiduciary duty in a number of ways, including:

  • Failure to distribute assets according to the terms of the trust.
  • Misappropriating assets for personal use.
  • Failure to pay taxes or insure and safeguard the assets.
  • Giving some beneficiaries preferential treatment over others.
  • Failure to keep a clear accounting of all financial transactions.
  • Failure to provide a clear accounting of the assets to beneficiaries when requested.

Lost or Destroyed Wills

If a Will cannot be found it is presumed that the decedent destroyed it with the intention of revoking it.

If the original cannot be found but a copy of the Will exists, it is up to the beneficiaries named in the will to provide sufficient evidence to the court that it is a copy of the actual will, and that the original will has not been revoked by the testator or testatrix.

Without a will, the estate goes to heirs as specified under the laws of intestate succession.

Elective Share Litigation

When someone dies while living in Florida, unless the terms of a valid premarital agreement specify otherwise, the surviving spouse has a legal right to an elective share — a statutorily prescribed portion of the estate. Generally, a surviving spouse can claim 30% of the estate, even if the terms of the will say otherwise. It goes without saying that Florida estate planning requires an uncommon level of skill.

South Florida Probate Litigation Lawyer

When you are facing probate litigation, the attorney you choose to represent you can make a significant difference in the outcome of your case. Our experienced probate litigation attorneys at Stern Zwelling LLC have a history of success for our clients. Contact our office to find out how we can help with your inheritance dispute.

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Contact us so that we can help you now — with legal guidance on urgent matters or to begin discussing long-term plans for the future.

Contact Us

7280 West Palmetto Park Road
Suite 106
Boca Raton, FL 33433