What Are Some High-Risk Factors For Probate Litigation To Happen?
Some of the high-risk factors to look for include family disagreements and separated or estranged family. It is much more difficult for people to fight over money when they do not live near each other, they do not know each other well, or do not have a strong familial relationship. Litigation is a lot more likely to occur in families that are broken and that have disputes. Another risk for litigation is when there is perceived unequal distribution of assets or power, such as when someone had power of attorney or was a primary caregiver for the deceased, or was handling their financial affairs. People who have a more intense role in the deceased’s life tend to receive a larger amount of the estate, which can often be contested by other beneficiaries.
However, all families risk going through probate litigation because the death of a loved one is a time of high tension and emotions, which often leads to conflict. The probate court does a very good job at distributing assets, but a poor job at distributing sentimental objects.
How Does Probate Litigation Affect The Probate Process?
The more litigation there is, the slower the probate process goes. This is because there will be more required court appearances, more things to prove, and more expenses. For the most part, the cost of litigation is coming out of the value of the estate, so it’s really your money that you’re fighting with.
Who Is Able To Contest A Will Or An Estate?
Anybody who is a potential beneficiary under the estate or the will has the ability to contest it. Oftentimes, people come out of the woodwork stating the deceased promised them that they would take care of them for the rest of their life. People who have some type of interest in the estate have the ability to contest a will or an estate.
The other party to look out for are creditors who sometimes have the ability to become involved, making the situation all the more difficult, especially when there is not enough money to satisfy and pay all parties.
Can A Decision Made By A Probate Court Judge Be Appealed?
All decisions by a probate court judge are able to be appealed. The appeal has to go through an appellate process. Typically, most probate court decisions that are appealed do not end up getting overturned because probate is generally form-based and already determined by established case law.
Do I Need An Attorney For Probate Or Trust Litigation?
In trust litigation, trustees are not required to hire legal counsel to file basic trust obligation regulations. On the other hand, when it comes to estate work, in any type of contested estate, you will need an attorney. The only type of probate work allowed without an attorney in the state of Florida is a summary administration. If a probate is contested in nature, it does not qualify for summary administration. Therefore, you will need an attorney for any type of probate litigation.
For more information on Probate Litigation In The State Of Florida, a free consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 546-7755 today.
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