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Miami Estate Litigation Lawyer

Helping Clients Take Legal Action to Defend or Contest an Estate Plan Document

Estate plans are valuable means of safeguarding the future of oneself and one’s family. With a well-drafted estate plan, it is possible to create a trust that distributes property and finances to beneficiaries during the trust grantor’s life. With an advanced care directive, an individual’s personal wishes can be respected when they are left incapacitated due to illness or injury. A will can record the final wishes of the recently deceased on how to close the estate and distribute estate assets. However, what happens when these estate planning documents are not well written? What happens when there are holes? What happens when someone wants to step up and challenge the estate plan as it is written?

In such cases, it may be possible or even necessary to consider estate litigation. However, estate litigation is a complex legal matter not for those unfamiliar with estate law and the legal nuances that go into estate planning. It is highly recommended for those who wish to engage in estate litigations to consult with experienced legal counsel.

Perez-Roura Law has extensive experience representing clients from differing perspectives in estate litigation cases. We have the knowledge and compassion to represent clients wishing to defend an estate plan document against a challenge or those wishing to dispute estate plans as they are written. Do not go into estate litigation without experienced legal representation in your corner. It is highly likely that the other side of the dispute may retain legal representation, and you do not want to be left at a disadvantage. Contact our Miami, Florida, law firm to schedule a free consultation with our experienced legal team to discuss your estate litigation case.

When Might Estate Litigation Be Considered Necessary?

There are several different scenarios where it may be necessary to consider estate litigation. It is possible that your estate litigation case could be the result of fraud, conflicting estate planning documents, and even small errors like typos can result in major disagreements.

Scenarios that may necessitate estate litigation include the following:

  • Challenging a will.
  • Collecting outstanding debts following the death of the debtor.
  • Defending your actions as a fiduciary or as a trustee.
  • Fear of potential fraud.
  • Holding an executor accountable for their actions.
  • Holding a fiduciary accountable for a breach of their duties.
  • Resolving disputes during the probate process

Whatever the case, our experienced legal staff can assist you through the complexities of your estate litigation case. To learn more about our comprehensive legal services, please contact our law firm for a free, no-obligation case evaluation.

What Types of Estate Litigation Cases Does Our Law Firm Represent?

Our law firm, led by estate planning attorney Pedro Armando Perez-Roura, has extensive experience representing clients in several different estate litigation matters.

Estate disputes and legal issues we represent include, but are not exclusive to, the following:

  • ¬†Beneficiary accounting.
  • Concerns about self-dealing.
  • Concerns that a will or trust was written under duress.
  • Conflicts of interest.
  • Creditor disputes.
  • Determination of heirs and named beneficiaries.
  • Disputes about counting and the books.
  • Elective share litigation.
  • Enforcement of prenups and postnuptial agreements.
  • Errors in the execution of a will.
  • Estate plan document interpretation.
  • Forgery.
  • Fraud.
  • Improper asset management in a trust.
  • Improper distribution of assets.
  • Inadequate trust administration.
  • Lack of capacity to write a will due to mental incompetence.
  • Petitions for instructions or orders from the court.
  • Petition to remove a personal representative.
  • Revocation of probate.
  • Seeking removal of fiduciaries following a breach of fiduciary duty.
  • Surviving spousal right claims.
  • Undue influence during the drafting of a will.

Whatever your estate litigation matters, we have the knowledge and experience to help you through them. Remember, these are complicated legal issues that you should not contend with on your own. Our law firm prides itself on providing clients with compassionate legal services and always making ourselves easily reachable for clients with questions or concerns. To learn more, contact us for a free case review.

Which Parties Are Often Involved in Estate Litigation Legal Matters?

Most frequently, the parties involved in estate and probate litigation cases are the surviving spouse of the deceased, a friend or family member who believes they have been wrongfully disinherited, an heir who disputes the claims made by other beneficiaries, and the decedent’s will executor or trustees.

Whatever your role in estate litigation, you have legal rights that deserve to be protected and represented in and out of court. We would be proud to represent your legal case as you enter into an estate dispute.

What is a Breach of Fiduciary Duty?

A personal representative, sometimes referred to as an administrator or executor but commonly known as a fiduciary in Florida, is appointed by the court to administer the estate following a death. The fiduciary has responsibilities and duties that are owed to both the beneficiaries named in the will and to any creditors with outstanding debts that need to be collected.

Many estate litigation cases arise from accusations that a fiduciary has improperly managed the estate or not lived up to the duties of their role. Many allegations accuse fiduciaries of conflicts of interest, overly compensating themselves for their work, Failure to account, and acting only in their own self-interest.

Schedule a Free Consultation with an Experienced Estate Planning Attorney Today

Estate litigation is a complex area of estate law. It is highly recommended that you retain professional legal counsel whenever a dispute arises in estate legal matters like probate and other scenarios.

Pedro Armando Perez-Roura and his highly skilled legal team pride themselves on being respectful and compassionate to all of our clients because we know that these legal matters are often emotionally exhausting for all involved. To learn more about how we can help you through this difficult legal issue, please contact our law firm to schedule a free initial consultation. 305-570-3259.