If you are trying to deal with the property of a loved one after their death, you may be facing the possibility of probate litigation. Understanding what it is, who is involved, and how probate litigation is different from an estate administration can help you make the right decision in retaining a Florida probate attorney to guide you through the process.
What is Probate Litigation?
The Florida probate court oversees a variety of cases where one person is trying to handle the affairs of another person. Probate litigation is a large part of the Florida probate court’s responsibilities. It occurs when disputes arise over the administration of a person’s estate or in the execution of a trust. One party may be challenging a Will that has already been admitted into probate, which is the most common type of probate litigation, or different beneficiaries of an estate may decide to challenge how an estate is distributed. Anytime there is a dispute among beneficiaries, or expected beneficiaries, it could potentially lead to probate litigation. Ultimately, in order for families and beneficiaries of an estate to ensure that their loved one’s wishes are being truly honored, probate litigation may be necessary.
Who are the Parties in a Probate Case?
Probate litigation can be more complicated than other types of lawsuits because of the number of people involved in the case. In any case, petitioners (who file the lawsuit) and respondents (who raise defenses) may include:
- Heirs or “next of kin” who are closely related to a Decedent (the loved one who passed away and whose estate is going through probate.)
- Beneficiaries who are named in a Will, trust, insurance policies, or certain accounts to receive property after the Decedent’s death.
- Administrator who is appointed by the Probate Court to oversee an intestate estate with no valid Will or trust. This role can overlap with the Personal Representative, Executor, or Trustee.
- Personal Representative or Executor who is named in a Will to oversee the distribution of the probate estate. The Personal Representative can also be appointed by the Probate Court, and this role overlaps with Administrator and Trustee.
- Trustee who is named in trust documents to manage the assets and distributions of assets within the trust. This is specifically for Trust Administration, but it can be a party in Probate litigation as well. This role overlaps with Administrator, Personal Representative, and Executor.
There are also several terms to refer to the person whose property is being addressed. That person may be called the:
- Deceased or Decedent referring to the person who died and whose estate is subject to the jurisdiction of the Probate Court. In Probate Litigation, the Decedent is whose estate is under dispute.
- Testator as the author of a Last Will and Testament.
- Grantor as the creator of a Revocable or Irrevocable Trust.
All these terms can refer to the same person depending on the type of probate litigation and the facts in the case.
Common Examples of Probate Litigation in Florida
The term probate litigation covers a lot of different types of lawsuits and petitions filed in the Florida Probate Court:
- Administrator Appointments can be filed when there is no Will and the deceased’s family cannot decide who is going to be in charge of overseeing the distribution of assets under the Florida probate laws. This is a relatively short form of probate litigation that is resolved once the court elects an administrator.
- Will Contests are one of the most common types, and are filed when there are questions about the validity of the Will submitted to the probate court. The most complicated Will contest lawsuits involve Undue Influence claims, where heirs or intended beneficiaries argue that someone coerced the testator to change their estate planning documents. This type of litigation also occurs when a testator may not have the mental capacity to change their Last Will and Testament.
- Will or Trust Interpretation cases ask the probate court to resolve disputes over the terms of a valid Will or trust. Unlike Will contests, these probate lawsuits don’t try to set aside the document, but instead try to honor the testator’s wishes when the language is unclear.
- Spousal Elective Share claims are filed by the surviving spouse of a testator who wants to exercise their right to receive an elective share of the probate estate. This type of litigation can happen when a Last Will and Testament is silent as to a spouse’s inheritance, or in the event that Decedent attempts to disinherit their spouse. Taking a Spousal Elective Share of an estate is a spouse’s right regardless of the terms of the Will.
- Trust Modification, Reformation, or Termination lawsuits ask the Court to revise the language of valid trust documents based on mistakes when the document was made, fraud, or unanticipated circumstances that affect the trustee’s ability to honor the grantor’s wishes.
- Creditor Claims against a probate estate are filed by the deceased’s creditors seeking to satisfy their outstanding debts from the estate’s assets. The personal representative can contest these creditor claims as part of the probate administration process, or through separate litigation.
- Fiduciary Lawsuits are filed by beneficiaries or heirs against personal representatives, administrators, or trustees who are in breach of their fiduciary duties. They can seek removal of the fiduciary, and can include financial damages for the harm that person caused the estate.
How Probate Litigation Starts
Most of these examples are filed while the estate administration case is pending. After a notice of administration has been sent, it starts a clock for heirs, beneficiaries, and other interested parties to file their claims and protect their rights. Once you receive that notice, you will only have so much time to meet with an attorney, assess your claim, gather your evidence, and start your case.
However, others, particularly cases of trust litigation, can happen years after the person’s death. In these cases, you may need to take time before you file to investigate the trustee’s actions, hire experts to evaluate the trust’s assets and investments, and negotiate with fellow beneficiaries to try to stay out of court.
Do You Need a Florida Probate Litigation Attorney?
There is a big difference between an uncontested estate administration proceeding and high-conflict probate litigation. If a dispute arises between heirs, beneficiaries, or the people responsible for administering the estate, it is important to work with a probate attorney who is prepared to address the matter in or out of court.
At Harrison Estate Law, P.A., our experienced estate and probate team can help you understand your options in pursuing probate litigation, and determine whether you have a case. We can help you negotiate a settlement or prove your case in court, so you know your interests will be protected from start to finish. Contact us here or call 352-559-9828 to get help today.
