Florida Probate Lawyer in Aventura Florida and Nationwide
The Law Office of Steven K. Schwartz recognizes the need for probate litigation and represents personal representatives and beneficiaries in courts throughout Florida, including Aventura, Miami, North Miami Beach, Miami Beach and Dade County.
It’s not uncommon to have clients come to us with concerns after a parent has passed away. In reviewing the will, there may be departures from what they knew their parent had intended or evidence that the will treated them unfairly, in a manner that was inconsistent with their parent’s wishes. Relatives of the deceased become suspicious of wrongdoing or undue influence. For example, perhaps the caretaker selected the lawyer, drove the elderly person to the lawyer and paid attorney fees. When the caretaker became the main beneficiary of the estate and the offspring were left nothing, the family becomes concerned.
Our law firm handles probate litigation involving the following:
There are three reasons for setting aside a will:
- Undue Influence – exerting influence over, persuading or coercing the person to make the will in favor of a particular person
- Lack of Capacity – loss of mental capacity, such as through dementia or Alzheimer’s makes a person incapable of making out a will
- Improper Execution – proper procedure was not followed, such as not signing the will, lack of notarization, or not signing the will in the presence of two witnesses
A spouse may also choose to take action under Florida’s provision for minimum share, which is 30% of the estate, if he or she is unhappy with the terms of the will.
Contested Trust/Estate Administration
Charges of breach of fiduciary duty may be brought against the personal representative or trustee of the estate if evidence exists of the following circumstances:
- Improper investment of estate funds
- Unjust administration of assets
- Excessive personal representative or trustee compensation
- Fraudulent transfers of real estate
Fraudulent financial reports or dishonest statements on the part of a personal representative can result in probate litigation to recover assets.
Abuse of Power of Attorney
The power of attorney must be used appropriately and for the benefit of the person being represented, otherwise, legal action could be brought against the attorney-in-fact through probate litigation.
Arrange a Consultation
If you have issues that you believe may be resolved through probate litigation, we encourage you to arrange a consultation to speak with our Miami attorney Steven K. Schwartz. Please email or contact our office at (305) 936-8844 to arrange a consultation.