Protecting Your Inheritance: Estate Disputes and Litigation
Estate matters are emotionally and legally complex. When disputes arise over the distribution of assets, the last will and testament, or the management of a trust, you need an experienced estate litigation attorney by your side. At Every & Stack, we are here to help you navigate the intricacies of the legal process to protect what is rightfully yours.
The attorney at Every & Stack deeply understands the nuances of Florida estate laws and is committed to delivering personalized, strategic solutions for our clients. We draw litigation talent from decades of practicing estate-planning law. We approach each case with sensitivity and compassion, striving for amicable resolutions. However, we are always prepared to vigorously protect your interests in court when necessary.
Contesting a Will or Trust in Florida
Heirs and beneficiaries may contest a will or trust if they believe they deserve more of the deceased’s assets. There must be specific grounds for contesting an estate, and the burden of proof typically falls on the person contesting. Florida law requires you to have standing to dispute a will, trust, or other estate plan. It means you must be an interested party, such as a beneficiary named in the will or trust, heirs who would inherit without a valid will, or creditors with legitimate claims against the estate.
Common Reasons for a Contest are:
- Lack of Testamentary Capacity: A person signing a will or trust is called a testator or grantor. The testator or grantor must have the mental capacity to understand the nature of their actions. A will or trust may be contested if they lacked the mental capacity when the estate plan was executed.
- Undue Influence: If the testator or grantor of a will or trust was unduly influenced or coerced by someone into making specific provisions in their estate plan, there are justifiable grounds for a dispute.
- Fraud or Forgery: This includes situations where the testator’s or grantor’s signature was forged or they were intentionally misled about the document’s contents. Under these circumstances, there are legitimate reasons for a dispute.
- Revocation or Amendment: If there is evidence that the will or trust was revoked or amended after it was executed, the documents may be contested.
- Ambiguity or Uncertainty: A will or trust must be written clearly. It can be contested if it is open to multiple interpretations, and the court will interpret the language.
- Improper Execution or Mistake: An estate plan must be executed in accordance with specific laws and formalities. There are justifiable grounds for a contest if there are clerical errors or if the document was not properly signed, witnessed, and notarized.
Every & Stack: Your Legal Advocate Every Step of the Way
When you choose Every & Stack for your estate dispute and litigation needs, we will listen to your unique situation to determine if you have grounds for a contest. Our team will keep you informed throughout the legal process, ensuring you are always aware of the progress of your case. We have a history of successful estate disputes and litigation cases. You can have peace of mind knowing we are here for you during this challenging time.
Call Every & Stack at (386) 255-1925 or contact us online to schedule a FREE initial consultation to discuss your options. We proudly represent clients in Daytona Beach, New Smyrna Beach, Volusia County, and Flagler County, Florida.