CHALLENGES AND PROBATE DISPUTES
Gainesville Will Challenges and Probate Disputes Attorney Probate Litigation Attorney in Gainesville Serving Clients Throughout Florida
Gainesville Will Challenges and Probate Disputes Attorney
Harrison Estate Law, P.A., offers years of experience representing clients in the Florida probate courts. From beneficiary determinations to complicated will challenges, we provide our clients with a compassionate approach and no-nonsense litigation style. Our probate litigation attorneys won’t overcomplicate matters with unnecessary drama or emotion. Instead, we focus on providing you with a front-to-back understanding of the legal issues that apply to your family, and your case.
Based in Gainesville, Florida, we offer probate litigation attorney services to our neighbors in the surrounding communities, as well as to clients elsewhere in Florida. We offer consultations by phone or video conference, as well as in person. If you are looking for a law firm that can handle all your family’s estate planning and probate needs in and out of court, contact Harrison Estate Law for a complimentary consultation about how our experienced team can help you.
Harrison Estate Law, P.A. offers free consultation on all cases. As part of the free consultation, the attorney will review and discuss your matter and will provide a detailed breakdown of the fees and fee structure should you wish to proceed with representation. Depending on the circumstances, this may include an hourly, percentage, or flat fee basis or, in some cases, a contingency fee basis. A contingency fee is a form of payment to a lawyer for their legal services where fees are paid as a percentage of the amount recovered or obtained on behalf of the client.
If the matter resulted in no recovery to the client, no fees would be owed. Advantages to contingency fees include improved access for people who could not otherwise afford counsel to assert their claims. This can be of particular importance in probate litigation, where the inability to obtain counsel could be directly linked to having been wrongfully denied an inheritance.
Factors which would guide the possible fees include:
The size of the estate
The number of heirs or beneficiaries
Whether the estate includes complex assets, such as a business
Whether the deceased had assets in multiple states
Whether there is a will contest or other dispute among heirs
When we take on a probate or administration matter in our office, our focus is not on how much we can charge; it’s on how much we can help. We are always mindful that someone coming to our office with a probate case has lost someone close to them, and we want to make their life easier, not harder.
Contact Gainesville, FL Estate Planning Law Firm, Harrison Estate Law, P.A. at (352) 306-3579 for more information.
What to Do When You Receive a Notice of Administration
Many forms of probate litigation start when you or a loved one of the deceased receives a Notice of Administration. This is a legal notice alerting all interested parties that an estate has been opened and the deceased’s assets will soon be distributed. If you receive a notice of administration you have an opportunity to assert certain rights in probate court, but you have to act quickly. In some cases, you may have as little as 20 days to respond to a notice and start a probate litigation case.
Who Can File Probate Litigation?
You don’t have to be a person’s next of kin to start a probate case. Probate litigation can involve anyone who has a potential interest in the deceased’s estate, including the deceased’s:
- Surviving spouse
- Friends or family members anticipating an inheritance
- Personal representative
- Beneficiaries to a person’s will or trust
Once probate litigation is filed, it can involve everyone named in the deceased’s will or trust, as well as their natural heirs. Most often, probate disputes center on how the deceased’s probate estate will be divided, so each person with an interest has a right to receive a notice and participate in the case. This makes probate litigation very complicated, as each party’s interests must be considered in any settlement or resolution. At Harrison Estate Law, P.A., we know how to navigate family relationships and conflicting probate interests to advocate for a resolution that honors the deceased’s wishes and serves our clients’ needs.
Common Types of Probate Litigation
The Florida Probate Court addresses a variety of probate litigation cases. Our probate litigation attorneys can help you with many issues, including the following:
- Will Contests: Challenging the language or validity of a Will in a probate estate.
- Determination of Heirs: Identifying and establishing the family ties of heirs, including the paternity or maternity of unacknowledged children, to allow them to inherit under Florida intestate succession law.
- Elective Share Litigation: Determining a surviving spouse’s share of the elective estate.
- Prenuptial Agreement Enforcement: Applying valid premarital agreements to the deceased’s estate.
- Accounting Challenges: Contesting the asset valuations, transactions, and proposed distributions in a deceased’s estate.
- Tortious Interference with Expected Inheritance: Suing a wrongful actor who obstructed an intended beneficiary’s right to inherit property.
- Breach of Fiduciary Duties: Suing a personal representative or trustee for improper administration of the estate or trust.
- Removal of a personal representative: for failure to fulfill their duties to the deceased’s estate.
Contact a Florida Probate Attorney for a Complimentary Consultation
If you would like assistance with handling an inheritance or advice regarding the death of a family member, please contact Harrison Estate Law online via email or call 352-306-3579 to schedule a free consultation for probate or trust administration matters. If you don’t live close to Gainesville we are happy to set up a phone or Zoom call.
