Sarasota Probate Litigation Lawyer
There are a number of tasks to tackle when a person passes away, and probate is the Florida court process dedicated to managing the decedent’s final affairs. The proceeding aims to fulfill the terms of a will, distribute assets, address claims, and handle other matters for closing out the estate. Probate cases typically involve various parties, some of whom have conflicting interests. Disputes often arise, regardless of whether there is a will. When any of these parties or the estate itself takes legal action, the matter is termed probate litigation.
Depending on your position, you may have reason to enforce or defend your rights in an estate administration lawsuit. Legal representation is essential, and our team at Moran, Sanchy & Associates is ready to support your needs. We have in-depth knowledge of Florida probate laws, backed by extensive courtroom experience advocating on behalf of interested parties. Please contact us today to set up a confidential consultation with a Sarasota probate litigation lawyer. You might also benefit from reviewing some information on how disputes arise.
Types of Florida Estate Litigation
Anyone with an interest in the decedent’s estate may have standing to bring a lawsuit, including the executor of a will, personal representative, beneficiaries who receive bequests, and heirs of the deceased. We support parties with the most common types of probate litigation, including:
- Will Contests: When someone has doubts about the circumstances surrounding execution of a will, they can file a will contest alleging lack of capacity, duress, or coercion.
- Challenges Involving a Trust: A trust can also be contested by interested parties on the grounds mentioned above.
- Issues with Fiduciaries: Executors, personal representatives, and trustees owe a fiduciary duty by law, and they can be held accountable for breach. Probation litigation may also be used to remove a fiduciary.
- Creditor Claims: If the deceased person had outstanding accounts, creditors are entitled to file claims against the estate. The personal representative may dispute unverified claims, potentially leading to a lawsuit.
Legal Help with Litigation Tasks
There are numerous statutes, court cases, and court procedural rules that apply to estate lawsuits, and you can count on Moran, Sanchy & Associates to manage litigation requirements. Our Sarasota probate litigation lawyers will:
- Consult with you about goals of litigation and potential outcomes;
- Conduct an investigation;
- Gather evidence to pursue a case or defend allegations raised by other interested parties;
- Discuss the details with opposing counsel, as settlement of disputed issues is often a wise approach as compared to a full trial;
- Participate in mediation if ordered by the court, as another strategy for trying to resolve disputes; and,
- Represent you at trial, including presenting witnesses, evidence, and arguments to support your position.
Contact a Sarasota Probate Litigation Lawyer to Discuss Options
Legal representation is critical with any lawsuit, and you have important rights to protect no matter what your position in estate administration. To learn more about our legal services, please contact Moran, Sanchy & Associates. We can schedule an initial consultation with a Sarasota probate litigation lawyer who can provide additional details.