Brickell Probate Litigation Lawyers

Probate Litigation Attorneys Serving Brickell and Surrounding Cities

The process of probate can seem relatively simple. However, with inheritances and financial assets on the line, disagreements often arise that can complicate and delay the process. Any interested party can start litigation in probate if they have legal grounds to do so. These parties could include beneficiaries who disagree with the executor's management of the estate, creditors challenging a dismissed claim, or disinherited heirs disputing the will's validity.

The outcome of any litigation proceedings can significantly affect probate and the division of the final estate to the beneficiaries. Often, an estate is the culmination of the decedent's life's work and savings, so there can be a lot to lose in litigation.

Probate is a unique area of the law in Florida, and it requires understanding and experience to secure successful outcomes in probate lawsuits. Similarly, probate matters are often closely linked to litigation involving trusts and other will substitutes. Legal representation from a knowledgeable attorney with experience in probate services and associated matters is essential to protect your inheritance or rightful assets and secure the outcome you deserve.

At Miami Family Law Group, PLLC, our attorneys are experienced in probate law, and we have successfully fought many complex probate cases. If you are concerned about probate matters, act fast to avoid losing your chance to contest. Contact Miami Family Law Group, PLLC today at 305-520-7874 to secure representation from an experienced probate attorney in Brickell, Miami, FL.

The Probate Process in Florida: Step-By-Step

Probate is the legal process of administering an individual's will and estate after they have passed away. In purely administrational probate cases with no complications, the court simply oversees the process to ensure it is in line with Florida probate law. However, disputes and challenges can arise in some cases, and litigation in probate court may be needed to resolve these issues.

Complications can arise at a number of these steps that may result in litigation. Often, probate litigation is used in cases involving creditor claim disputes, challenges to the will, and problems with personal representative conduct, to name a few examples.

The details of the probate process in Florida are as follows:

Filing the Petition

Probate begins when any interested party files a petition with the probate court in the county where the individual died.

Appointing the Personal Representative

Usually, probate administration officially begins approximately one month after the initial petition is filed, with a letter of administration from the court. This letter also names the personal representative or executor of the estate, who is responsible for administering the division of assets. This letter gives the representative legal authority to act on behalf of the estate's beneficiaries.

Notice to Creditors

All creditors must be notified of the estate's administration and requested to file claims against the estate for any of the decedent's unpaid debts. The representative must take diligent steps to identify all potential creditors. Failure to correctly notify creditors can lead to substantial complications for the estate.

Estate Inventory and Accounts

The personal representative must gather all assets within the estate, make an inventory, and value the assets. This includes real estate, financial accounts, stocks, vehicles, clothing, jewelry, and other property.

Paying Creditors

Creditors have an allotted time frame in which they can file claims against the estate. Once this period has passed, claims are evaluated and either paid or contested if they are believed to be invalid.

File Accounts

The probate accounts include the value of all assets in the estate, the details of the paid claims, and estate-related costs and expenses. These must be filed and approved by the probate court. Any inconsistencies or problems with the accounts may mean that the court will withhold approval, which can cause delays in the process.

Distribute Assets

Once the accounts are approved by the court, the representative distributes the estate's assets to the beneficiaries in line with the terms of the will or the laws of intestate succession.

Close the Estate

After distributing all the assets correctly, the representative closes the estate by filing a petition with the court asking to be discharged of their obligations.

Trust Litigation

In addition to a will, many people use trusts to administer assets to beneficiaries. Trust litigation can be tied to probate litigation. While it is often triggered by the probate process, trust litigation is typically an independent action. Litigation can start due to concerns over trust administration and accounting, ambiguous trust paperwork, invalid trusts, or a breach of fiduciary duty, for example. Similarly to probate litigation, trust litigation can involve challenging the trust itself or the interpretation of the trust terms.

In some situations, challenging a trust may go hand in hand with challenging a will, and you may need to challenge a will to be able to challenge the trust. However, a trust lawsuit does not take place within the probate proceedings regarding an individual's will. Instead, it requires a separate complaint. However, trust litigation is often closely linked to probate proceedings. An attorney with an understanding of both probate law and any probate litigation you are involved in is likely to benefit your trust dispute case.

Probate Without a Will

If an individual passes without a valid will or trust, this is known as an intestate estate. Intestate can also be triggered if a will is declared invalid in court. In these circumstances, the decedent's assets will be divided according to Florida law on intestate succession. In Florida, intestate succession processes state that a decedent's estate is assigned to their closest relatives. The law outlines the specific order in which assets are assigned to relatives, which is as follows:

1. A surviving spouse of the descendant is the first to inherit the estate. A surviving spouse must have been legally married to the descendant and not divorced. If the descendant had no children, the surviving spouse inherits the entire estate.
2. Following the spouse, the next in the order of intestate succession is the decedent's children. This category includes both adult and minor children but does not include step-children unless they were legally adopted by the decedent. A child must be biological or adopted to qualify for this inheritance. If the child has died before the decedent, their portion of the estate could go to any grandchildren.
3. If the decedent has no children and no legal spouse, their parents will inherit the estate.
4. Following the parents, if they are no longer alive to inherit the estate, the assets are split between the decedent's siblings. If there is no surviving family, the estate will go to the State of Florida.

In standard situations of intestate succession, without complications, the surviving spouse would inherit the entire estate, in line with the above framework. However, family circumstances can often be more complex than the standard framework allows for. As such, amendments can be made to the process to accommodate differences in family units. For example, if the decedent's current spouse is not the parent of their children, the estate may be split differently. The surviving spouse may inherit 50% of the estate, while the children from a previous relationship will inherit the other 50%.

The State of Florida requires that an attorney be present throughout the intestate process. This is beneficial, as it allows you to ensure that the process adequately reflects your family situation, and an attorney can help to navigate any complications that arise. Legal counsel experienced in probate matters is recommended due to the complex nature of probate cases and estate division.

How Can Intestate Succession Be Avoided?

The process of dividing an intestate estate essentially means that the State of Florida decides how an individual's assets are divided among their relatives. For most people, this is a less-than-ideal situation that does not always allow for complicated family dynamics or accurately reflect the wishes of the decedent. Where possible, detailed estate planning should be undertaken to ensure that the chosen beneficiaries receive their rightful inheritances.

Valid Florida estate planning documents, including wills and trusts, are the best way to ensure asset protection and that an estate is administered in line with a decedent's wishes. Including power of attorney addressing both financial and medical requirements can also be beneficial. Of course, death is not always predictable, and sometimes, estate planning is not completed beforehand. In these situations, a skilled probate attorney will be beneficial to navigating the intestate process and ensuring the best estate division possible for your family.

Are There Any Assets That Do Not Require Probate?

Assets that are subject to probate typically include anything written in a decedent's will, such as property, possessions, and financial resources. However, assets that are exempt from the probate process can be awarded directly to the heirs or beneficiaries. Many people set up payable-on-death accounts and policies that have designated beneficiaries attached to them. These assets, such as life insurance policies, bank accounts, and retirement accounts, will not be included in the probate process. These are often known as will substitutes.

Additionally, anything co-owned with another individual typically does not go through probate and transfers ownership entirely to the other individual upon death. For example, married couples often jointly hold real estate titles with rights of survivorship. Another frequently used method of leaving property in Florida that will not require probate is a revocable trust.

Although many alternatives to wills, such as revocable trusts, are designed to avoid the process of probate, in reality, this is not always the case. If trustees, beneficiaries, excluded family members, or other interested persons dispute the estate division, this may result in probate litigation.

How to Find the Best Probate Litigation Attorney

Finding the right attorney for your case can feel like an overwhelming task. Firstly, a law firm with a narrow focus, such as family law and probate law, ensures that your attorney spends all their time and resources dedicated to cases like yours. An attorney who tries to do it all, including personal injury, corporate law, business law, and real estate law, may not have the time or resources necessary to handle the complexity of your case.

Next, it is good to find a lawyer who is local to you. This ensures that they understand the relevant state laws, and they may even have experience with the judge overseeing your case before so that they can tailor their approach.

Finally, it is important that your attorney has plenty of experience navigating cases similar to yours and can back that up with testimonials from previous clients.

At Miami Family Law Group, PLLC, we are committed to family law and probate in Brickell, Miami and surrounding areas. We are committed to families, and we utilize a holistic approach that minimizes conflict wherever possible. We are also proud to be able to offer Spanish-speaking attorneys.

Our law firm has been helping families like yours for over three decades. We are always updating our skills, and we are committed to offering the best and most comprehensive support for our clients.

Contact Our Brickell Probate Litigation Attorneys

Probate matters in Florida are complex, and they are closely related to many other areas of law involving family law and estate planning. Probate courts have strict requirements and operate with tight turnaround times that must be adhered to. Missing deadlines or wrongly completing paperwork to submit to the court can result in delays, additional expenses, or even case dismissal on procedural grounds.

The nature of probate litigation usually means going up against another party who disagrees with your claim. Often, when large sums of money such as inheritances are on the line, parties will fight aggressively to dispute your claim. A knowledgeable and passionate probate lawyer gives you the best chance of a successful claim and securing the assets you deserve.

No two probate cases are the same. As such, a one-size-fits-all approach will not work, and a successful attorney must have a comprehensive understanding of probate law and the strategies that can help clients succeed during litigation. At Miami Family Law Group, PLLC, our attorneys will work with you to develop customized solutions to the unique circumstances of your case. Our practice focuses on ensuring our legal services are underpinned by our legal knowledge, and we work to ensure that you will have the best chance of securing the outcome you desire in the courtroom.

The idea of challenging probate can be overwhelming. Not only do you need to manage the legal elements, but litigation can often cause tension among family members and other beneficiaries. This is on top of grieving for your loved one. However, a lawsuit may be the only option to protect your interests and secure your inheritance.

At Miami Family Law Group, PLLC, we will be there for you every step of the way, and we will manage the legal complexities, reduce your stress, and allow you to focus on yourself and your family. We represent clients across South Florida, including Miami Beach, Fort Lauderdale, and Coral Gables.

Contact a Brickell probate litigation lawyer today at 305-520-7874 to take the first step to protect yourself and your family during probate.