Most estates pass through probate without significant conflict. Family members cooperate, executors fulfill their duties, and assets are distributed according to the deceased’s wishes. When disputes arise, however, probate can quickly become contentious and emotionally charged. In those situations, probate litigation may be necessary to protect legal rights and resolve conflicts.
Probate litigation encompasses legal disputes that occur during the administration of the testator’s, or decedent’s, estate. These conflicts can involve challenging a will’s validity, removing a personal representative who is mismanaging the estate, disputing creditor claims, or arguing over asset distribution. The stakes are often high, both financially and emotionally.
Buckman, Buckman & Castellano, P.A., represents clients in all aspects of probate litigation, advocating for their interests while understanding and accommodating the sensitive family dynamics these disputes often involve.
Common Types of Probate Litigation
Probate litigation can take many forms, depending on the nature of the dispute and the parties involved.
Common matters include:
- Will contests, which challenge whether a will is valid
- Breach of fiduciary duty claims, involving misconduct by a personal representative or trustee
- Removal of a personal representative, when the executor is unfit or acting improperly
- Disputes over asset ownership, such as whether property belongs to the estate
- Creditor claim disputes, involving the validity or amount of alleged debts
- Beneficiary disputes, including disagreements over distribution or interpretation of documents
- Accounting disputes, where beneficiaries seek transparency into estate management
Each type of dispute requires careful legal analysis and a fact-specific approach.
Grounds for Contesting a Will
A will cannot be challenged simply because its terms feel unfair. Florida law requires specific legal grounds to contest a will.
One common ground is lack of testamentary capacity. The testator must understand the nature of their property, who their natural beneficiaries are, and the effect of signing the will. Conditions such as dementia or mental illness do not automatically invalidate a will, but they can raise serious questions about capacity.
Another frequent basis is undue influence, which occurs when someone exerts pressure that overcomes the testator’s free will. Courts look for factors such as a confidential relationship, active involvement in preparing the will, unnatural provisions favoring the influencer, and the testator’s vulnerability.
Fraud may also invalidate a will if the testator was intentionally deceived about what they were signing or the contents of the document. Finally, improper execution challenges focus on whether Florida’s strict witnessing and signing requirements were followed.
Time Limits for Probate Litigation
Florida law imposes strict deadlines for probate disputes. Missing these deadlines typically means forfeiting your right to bring a claim.
- Will contests must generally be filed within three months after receiving the Notice of Administration. This compressed timeline requires swift action.
- Creditor claims face even tighter deadlines. Known creditors must file claims within 30 days of receiving notice, or within three months after the first publication of the Notice to Creditors, whichever is later.
- Claims against personal representatives for breach of fiduciary duty must be brought within the applicable limitations period, but waiting too long can result in defenses based on unreasonable delay.
If you suspect problems with an estate, consult an attorney immediately so that you don’t risk missing critical deadlines.
The Probate Litigation Process
Probate litigation typically begins with the filing of a petition or objection in the probate court. Other interested parties are notified and given the opportunity to respond.
The discovery phase allows parties to gather evidence through documents, depositions, and written questions. Medical records, financial documents, and witness testimony often play a central role. Many probate disputes resolve through settlement or mediation, which Florida courts frequently require before trial.
If a case does not settle, it proceeds to a hearing or trial before a probate judge. Unlike many civil cases, probate matters are usually decided by a judge rather than a jury.
Costs of Probate Litigation
Probate litigation is expensive. Attorney fees, expert witness costs, court fees, and deposition expenses can accumulate quickly. Complex cases can cost tens of thousands or even hundreds of thousands of dollars.
Florida law provides some mechanisms for paying litigation costs from estate assets in appropriate circumstances. When personal representatives defend against baseless challenges, the estate typically pays their legal fees. When they’re removed for misconduct, they may have to pay their own costs.
Beneficiaries who are challenging a will or suing a personal representative usually pay their own attorney fees initially, though they may recover fees if they prevail.
Understanding potential costs before filing helps you make informed decisions.
Alternatives to Litigation
Not every probate dispute requires formal litigation.
- Mediation brings parties together with a trained neutral mediator who facilitates discussion and helps identify compromises. Mediation is confidential, flexible, and often faster and cheaper than litigation. In fact, Florida courts frequently require mediation before allowing cases to proceed to trial.
- Settlement negotiations between attorneys can resolve disputes without formal mediation. Experienced probate attorneys understand the strengths and weaknesses of various claims and can often negotiate reasonable resolutions.
- Informal family conferences sometimes work when disputes stem from misunderstandings rather than genuine conflicts of interest.
That said, some disputes can’t be resolved without court intervention. When personal representatives refuse to provide accountings, when wills were procured through fraud, or when fiduciaries are misappropriating assets, litigation becomes necessary.
When to Seek Legal Representation
Several situations warrant immediate consultation with a probate litigation attorney:
- You receive notice of probate and have concerns about the will’s validity
- A personal representative refuses to provide information or accountings
- You suspect estate assets are being mismanaged or misappropriated
- You are a personal representative facing a dispute or challenge
- A valid creditor claim is being ignored
- You are being pressured to waive rights or sign documents you do not understand
Should you find yourself in any of these or similar circumstances, contact Buckman, Buckman & Castellano, P.A., for guidance.
How We Handle Probate Litigation
Probate litigation requires both legal skill and sensitivity to family dynamics. These cases pit family members against each other during an already difficult time. Emotions run high, and monetary issues amplify every conflict.
We approach each case strategically, evaluating the strength of your claims, the potential costs and benefits of litigation, and the likelihood of various outcomes. Sometimes aggressive litigation is warranted. Other times, negotiation serves your interests better.
We gather and analyze evidence thoroughly, consulting with experts when needed. One of our primary goals is to keep clients informed throughout the process, explaining developments in plain language.
Whether it means negotiating a favorable settlement or trying a contested case to a verdict, we’re prepared to do what’s necessary by fighting for your interests with tenacity and skill.
Protecting Your Interests
If you’re involved in a probate dispute in Sarasota or the surrounding areas, don’t wait to seek legal counsel. Early involvement of an experienced probate litigation attorney can make an enormous difference.
Contact Buckman, Buckman & Castellano, P.A., to discuss your probate litigation concerns. We’ll listen to what’s happening, answer your questions honestly, and provide clear guidance on the best path forward.
Contact us for a free consultation
We work with clients in Sarasota, Venice, Bradenton, North Port, Tampa, Orlando, Jacksonville and throughout Florida. Get in touch with us today and tell us what happened to you. We will review your case for free and with no further obligation from you.
Buckman, Buckman & Castellano, P.A.
