Let’s start with this very simple statement: No one wants to go into litigation over probate matters. That being said, if you are in this situation, you want to make sure you have an experienced probate attorney fighting for you and your loved ones.
Not limited to death, probate litigation also encompasses a range of aging and disability issues as well. Legally complex and emotionally taxing, probate litigation is a unique area of law that can sometimes take years to resolve. If you are dealing with this, contact Stern Zwelling LLC today so we can begin working toward a solution.
Common probate litigation matters we help handle include:
Validity of a will: Whether regarding its entirety or a recent questionable amendment, calling into question the validity of a will is more common than you might think. In many instances, this occurs when an elderly individual without the full benefit of their mental capacities is illegally convinced to change part or all of their will. The “classic” example is a nursing care employee suddenly being written into a will during the time that an individual is under his or her care, while children and other loved ones are suddenly written out. The questionable bequeath might be small or large depending on the individual and may or may not accompany criminal behavior. Proving that this has taken place can require skilled arguments and evidence collection best left to an attorney.
Guardianships and conservatorships: Financial exploitation is by far the most common probate litigation matter, but it is also common to need to immediately deal with matters such as power of attorney and health care issues when an individual cannot make such decisions for themselves. This situation can arise when there is a health care directive in place that is being ignored and or when the individual was silent on the issue. Handling the financial affairs of an individual unable to care for them on their own is another common situation where we help our clients. If something does not seem right with how your loved one’s finances and business are being controlled, there may be a matter at hand that should be addressed immediately.
Trust disputes/trust litigation: As with a will, a trust can sometimes be contested. The validity of a trust may be questioned with accusations of fraud, claims that it was drawn under duress or coercion, or that it strays from the trustor’s intent. Similarly, trustees overseeing a trust can be accused of mismanagement or misappropriation. When trust disputes arise, an experienced trust attorney can provide valuable advice and guidance.
Other estate issues: Your probate issue can be as unique as the estate at hand. In addition to probate litigation, we help with the estate planning process, so if you have questions about how something is structured or being administered, do not hesitate to call.
Much more than just a family feud, probate litigation is an incredibly emotional experience that you should not try to handle on your own or trust to an inexperienced attorney. Evidence and testimony often play a huge role in a probate litigation matter, so the sooner you get in touch with a law firm, the better. Let Stern Zwelling’s years of probate litigation experience be leveraged for you. Give us a call today to set up your initial consultation. We look forward to hearing from you.
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.
7280 West Palmetto Park Road
Boca Raton, FL 33433