Resolving Estate Disputes with Compassion and Expertise

Effective Estate Dispute Resolution

STEP ONE: Personalized Consultation & Case Evaluation

Your journey with MTM begins with a comprehensive consultation to assess your unique circumstances. We'll listen to your concerns, thoroughly review the details of the estate dispute, and explain your legal options in clear, straightforward terms.

STEP TWO: Strategic Development of Your Case

Our skilled real estate litigation lawyers will meticulously analyze the legal issues involved in your case. We'll develop a tailored strategy to protect your interests, whether it involves negotiation, mediation, or aggressive representation in court.

STEP THREE: Step Three: Resolute Advocacy & Effective Resolution

We'll stand by your side throughout the litigation process, advocating for your rights and working tirelessly to achieve the best possible outcome. Our goal is to resolve the dispute efficiently and fairly, allowing you to move forward with peace of mind.

Why Choose MTM for Estate Litigation in Florida?

When disputes arise over a loved one's estate, navigating the complexities of litigation requires experienced and compassionate legal guidance. At MTM Law Firm, we understand the emotional weight of these situations and are dedicated to protecting your rights and ensuring a fair resolution.

Streamlined Approach

We understand the urgency of resolving estate litigation matters. Our team prioritizes efficiency, working diligently to streamline the legal process and minimize delays, allowing you to move forward with peace of mind.

Clear Legal Expertise

Florida law provides a clear framework for estate litigation, outlining procedures and deadlines that must be met. Our skilled real estate litigation lawyers possess a deep understanding of these laws and will guide you through every step, ensuring compliance and protecting your rights.

Expert Representation

Estate litigation often involves complex legal arguments and negotiations. At MTM Law Firm, we'll provide you with the expert representation you need to navigate these challenges effectively. We'll advocate for your best interests in court, ensuring your voice is heard, and your rights are protected.

If you have questions about Probate or Estate Litigation issues, call 863.250.2990 today to schedule your Free Consultation with our Probate attorneys.

Frequently Asked Questions Regarding Estate Litigation related to Probate

What are my rights as a beneficiary or heir in a Florida estate if the Will is being Contested?

As a beneficiary or heir in a Florida estate with a contested Will, you have the fundamental right to notice of the probate proceedings. You are entitled to a copy of the Will and the Notice of Administration, which starts a strict, short statutory deadline to act. If the contest is successful, the estate may be distributed according to a prior valid Will or Florida's laws of intestacy, significantly impacting your inheritance. A key right is to receive a final and detailed accounting from the Personal Representative (Executor), which you can formally object to if you suspect mismanagement or excessive fees. Since litigation can deplete estate assets, you have the right to be informed of any legal actions affecting the estate and to petition the court to protect your interests. Under Florida Statute §733.107, the Will's proponent must first establish its proper execution, and only then does the burden of proof shift to the contestant. Importantly, Florida law makes "no-contest" clauses unenforceable, meaning a beneficiary can challenge a Will in good faith without forfeiting their existing inheritance. Due to the complexity of probate litigation, it is highly advisable to secure independent legal counsel to assert and defend your rights throughout the contest.

What are the requirements for a will to be properly executed in Florida if Litigation is brought by someone contesting the Will?

A Will facing litigation must strictly comply with the formal execution requirements of Florida Statute §732.502 to be admitted into probate. First, the entire Will must be in writing, as Florida does not recognize oral or holographic (handwritten without witnesses) wills. Second, the testator, the person making the Will, must sign the document "at the end" or direct another to sign in their presence. Third, the testator must sign or acknowledge the Will in the presence of at least two attesting witnesses. Crucially, both witnesses must then sign the Will in the physical presence of the testator and in the presence of each other. If the Will is contested, the proponent of the Will bears the initial burden of proof to establish this prima facie (at first sight) formal execution and proper attestation. If a properly executed self-proving affidavit is attached, it creates a presumption of valid execution, making the initial burden easier to meet. However, failure to strictly follow even one of these formalities is a valid, primary legal ground for a will contest, rendering the Will invalid.

What is a "pretermitted child"? Can a child born or adopted after the will was made claim a share of the estate?

A "pretermitted child" is a child born to or legally adopted by the testator after the execution of their Last Will and Testament. Florida Statute §732.302 governs the inheritance rights of this specific class of unintentionally omitted children. Yes, a child born or adopted after the Will was made can generally claim a share of the estate. The purpose of this statute is to prevent the unintentional disinheritance of a child who was unknown or not yet in existence when the Will was drafted. Unless one of the statutory exceptions applies, the pretermitted child will receive a share of the estate. This share is equal to what the child would have received if the testator had died without any Will (intestate). However, the child may not claim a share if it appears from the Will that the omission was intentional. Furthermore, no share is granted if the testator had other children when the Will was executed and left substantially all of the estate to the pretermitted child's other parent. Finally, the child’s claim is also barred if they have already received an equivalent part of the testator's property by way of advancement.

What if I suspect the Personal Representative is mismanaging the estate in the State of Florida?

If you suspect a Florida Personal Representative is mismanaging an estate, you have recourse as an "interested person" under Florida law. The Personal Representative owes a fiduciary duty to act in the utmost good faith and in the best interests of the estate and its beneficiaries. Signs of mismanagement include "wasting or maladministration of the estate," failure to provide proper accountings, or a conflict of interest. Pursuant to Florida Statute §733.504, an interested party can file a Petition for Removal with the probate court. Grounds for removal include a failure to comply with court orders, to account for estate assets, or to properly manage property. If a breach of fiduciary duty is proven, the Personal Representative can be held personally liable for any resulting loss or damage to the estate. The court may also order a "surcharge" to recover lost funds, remove the representative, and appoint a successor. Given the complexity of probate litigation, you should immediately consult an experienced Florida probate attorney.

How are assets that pass outside of probate in the State of Florida, like a life insurance policy or a bank account with a "Payable on Death" (POD) designation, handled in a dispute?

Assets that pass outside of probate, such as life insurance policies and Payable on Death (POD) accounts, transfer directly to the named beneficiary by operation of law. These non-probate transfers typically supersede any contrary provision in a Will, making them immediately available to the beneficiary. However, Florida law allows such assets to be challenged and potentially clawed back under specific circumstances. For instance, a beneficiary designation can be contested in court on grounds such as fraud, duress, or undue influence on the decedent, which is similar to contesting a Will. Furthermore, non-probate assets may become liable for a decedent's debts and estate expenses if the probate estate's assets are insufficient to cover all valid creditor claims. The Florida Statutes specify an order of payment for estate obligations, allowing certain creditors to reach assets from a revocable trust or other non-probate property if necessary. Life insurance proceeds generally maintain a high degree of protection from creditors under Florida Statute §222.13, unless the estate itself was named as the beneficiary. Any interested party involved in a dispute over non-probate assets should seek counsel from a qualified Florida probate litigation attorney. The central issue in these disputes is usually proving that the decedent's intent or mental capacity was compromised when the designation was made.

Probate and Estate Litigation Lawyers serving Polk County Florida, including: Lakeland, Winter Haven, Bartow, Auburndale, Babson Park, Bowling Green, Bradely Junction, Brewster, Combee Settlement, Crooked Lake Park, Crystal Lake, Cypress Gardens, Davenport, Dundee, Eagle Lake, Fort Meade, Frostproof, Fussels Corner, Gibsonia, Green Pond, Haines City, Highland Park, Highlands City, Hillcrest Heights, Jan Phyl Village, Inwood, Kathleen, Lake Alfred, Lake Hamilton, Lake Wales, Lakeland Highlands, Mulberry, Polk City, Willow Oak, Wahneta, Waverley, Hillsborough County Florida, including: Tampa, Brandon, Plant City, Citrus Park, Temple Terrace, Apollo Beach, Balm, Bealsville, Bloomingdale, Cheval, Dover, Egypt Lake-Leto, Fort Lonesome, Gibsonton, Greater Carrollwood, Greater Sun Center, Gulf City, Hopewell, Keysville, Lake Magdalene, Lithia, Lutz, Mango, Orient Park, Palm River-Clair Mel, Pebble Creek, Progress Village, Riverview, Ruskin, Seffner, Sun City, Thonotosassa, Town 'N Country, Turkey Creek, Valrico, Westchase, Wimauma, Ybor City, Orange County Florida, including: Orlando, Maitland, Apopka, Winter Park, Alafaya, Bay Lake, Belle Isle, Bithlo, Christmas, Doctor Phillips, Eatonville, Edgewood, Fairway Shores, Goldenrod, Gotha, Hunter's Creek, Lake Buena Vista, Lockhart, Meadow Woods, Oakland, Ocoee, Orlovista, Pine Castle, Pine Hills, Southchase, South Apopka, Taft, Tangerine, Union Park, Wedgefield, Williamsburg, Windermere, Winter Garden, Zellwood, Central Florida and throughout the State of Florida.