Probate Disputes: When Should You Hire a Lawyer?
When you lose a loved one in Florida, administering his or her estate generally involves going through the probate process. During the probate process, it is possible for a variety of issues to arise. These issues can lead to contentious disputes among family members, and resolving these disputes amicably requires a proactive, practical and forward-thinking approach. Does this mean that you need to hire a Miami civil lawyer to represent you?
Hiring a Miami civil lawyer to assist with resolving probate disputes can be beneficial for a variety of reasons. It is also important to note that hiring a lawyer does not necessarily mean that your probate dispute will end up in court. In the majority of cases, it will make sense to resolve disputes among family members without litigation, and an experienced lawyer will be able to assist with a targeted mutually agreeable resolution that allows everyone to move forward as amicably (and as efficiently) as possible.
7 Common Probate Disputes in Florida
With this in mind, when should you hire a lawyer to assist with resolving a dispute during the probate process? Here are seven common examples of probate disputes that an experienced Miami civil lawyer will be able to help you resolve:
1. Disagreements Over the Validity of the Will
Disputes can arise during the probate process if family members disagree over the validity of the decedent’s will. Frequently, these disputes will involve other issues as well—such as who should be appointed as the decedent’s personal representative or who is entitled to receive a share of the decedent’s estate. These disputes often arise early in the probate process, and getting a lawyer involved early can be essential for finding a path forward that works for everyone.
2. Disagreements Over Interpretation of the Will
Along with disagreements over the validity of a decedent’s will, disagreements over the interpretation of the will can also lead to disputes among family members. Oftentimes, wills are not as accurate or complete as they should be. If it is not clear what the decedent intended from the plain language of his or her will, this is a scenario in which engaging an experienced lawyer promptly can be important as well.
3. Disputes Involving the Personal Representative’s Duties
In Florida, the personal representative (or executor) is the individual who is primarily responsible for managing the probate process. Personal representatives have various duties under Florida law; and, if a personal representative fails to meet these duties, this can also lead to disputes during probate. An experienced Miami civil lawyer will be able to help all parties involved understand the personal representative’s duties, and will be able to assist with resolving any issues that arise.
4. Disputes Involving the Distribution of Assets
Many disputes during probate relate to the distribution of the decedent’s assets. These disputes can involve ambiguities in the decedent’s estate plan, or they can involve dividing the estate in accordance with the decedent’s final wishes (i.e., if the decedent’s will simply states that each child is entitled to half of the estate). In both scenarios, an experienced lawyer will be able to help facilitate a resolution that avoids litigation if at all possible, and will be able to provide representation in court if necessary.
5. Disputes Involving Estate Debts, Taxes and Fees
Disputes during probate can also involve estate debts, taxes and fees. If liabilities or costs have the potential to consume a substantial portion of the estate, those involved in the probate process may need help finding a path forward that protects individual family members’ interests as much as possible.
6. Disagreements Over Issues Not Addressed in the Decedent’s Estate Plan
While many probate disputes involve the contents of the decedent’s will, disagreements can also arise over issues that are not addressed in the decedent’s estate plan. In these scenarios, Florida’s intestate succession law may apply—and while this law provides some guidance, it can also leave a lot of questions unanswered. An experienced Miami civil lawyer will be able to assist with applying Florida’s intestate succession law (if necessary) and answering any related questions that need to be resolved.
7. Disputes Involving Accusations of Fraud and Other Forms of Wrongdoing
Disputes during the probate process can also involve accusations of fraud and other forms of wrongdoing. This includes accusations related to conduct prior to the decedent’s death (i.e., exercising undue influence over the terms of the decedent’s will) and during the probate process (i.e., misusing or misappropriating estate assets). These disputes are often highly contentious by nature, but here too, an experienced Miami civil lawyer will be able to assist with targeting an amicable resolution that allows everyone to move on.
At What Point Should You Get a Lawyer Involved?
Let’s say you are facing a dispute (or have concerns about a potential dispute) during the probate process in Florida. At what point should you get a lawyer involved?
We recommend getting a lawyer involved as early in the process as possible. Disputes during the probate process can escalate quickly, as emotions are often running high on all sides. An experienced lawyer will be able to provide unbiased advice based on the parties’ respective rights under Florida law, and will be able to step into the dispute with an eye toward de-escalation and resolution.
If your probate dispute has already escalated, you will want to consult with a lawyer promptly in this scenario as well. Even in this scenario, it may not be too late to avoid litigation, and an experienced lawyer will be able to use a variety of different tactics to help you try to arrive at an amicable solution that works for all parties involved.
Are You Facing a Probate Dispute? Contact Us to Speak with an Experienced Miami Civil Lawyer in Confidence
Are you facing a probate dispute in South Florida? If so, we encourage you to contact us promptly so that we can help. To speak with an experienced Miami civil lawyer at Gonzalez Law Offices, P.A. in confidence, call 305-676-6677 or request a consultation online today.