Best Business Attorneys in Ormond Beach, FL

When a person dies, his or her assets must pass along to the rightful beneficiaries and/or heirs. Probate is the process by which this happens when a decedent has no will, has a will, or has a trust but failed to place all his or her assets into the trust. In some cases, disputes arise regarding the distribution of assets during probate. When probate-related disputes arise, a probate litigation attorney provides legal guidance to individuals, beneficiaries, heirs, executors, and trustees to help ensure a satisfactory resolution.

When a party contests a will, he or she must pay all upfront costs for beginning a court case. As litigation progresses, the contesting party must pay to hire attorneys and other professionals. If a person loses a will contest, he or she may have to cover court costs for the prevailing party. In addition, when considering whether to contest a will, a party should first assess the value of the estate. If the estate is small, a will contest could potentially badly deplete the estate.

The job of a Florida probate attorney is to guide the personal representative (also sometimes described as the executor or administrator) through administration of the estate, helping ensure that all technical requirements are met and that the personal representative understands and has the information necessary to carry out his or her responsibilities.

Even if a will is perfect in form and has been properly signed and witnessed, it may be subject to challenge for other reasons. The testator may have been mentally incapable of executing a valid will at the time the document was signed, for example, or may have been tricked or pressured into signing the document.

Will contests based on duress are relatively uncommon, both because the level of conduct that supports a duress claim is unusual and because it can be very difficult to establish that a testator acted under duress once he or she is deceased. Although there are exceptions, duress is most likely to occur when the testator is isolated with and dependent on a relative or other caregiver. Some examples of duress include threats of physical harm if the testator does not execute the will and withholding of care, food, medicine and other necessities.