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What Are Common Probate Disputes In Florida?


Whether you are currently creating an estate plan for yourself or you have recently lost a loved one, you will have to consider the probate process. The probate process is intended to settle an estate after someone passes away. During probate, property is gathered, the assets in the estate are valued, debts are paid, and the remaining property is distributed among the beneficiaries.

Issues can arise, though, during the probate process and these sometimes require litigation. These disputes can make probate take even longer and cause many other issues, as well. Below, our St. Petersburg probate and trust administration lawyer explains the most common disputes that arise.

Common Probate Disputes 

There are many different disputes that may arise during the probate process. The most common of these are as follows:

  • Validity of a will or trust: Beneficiaries and others with an interest in the estate may claim that a will or trust is invalid. They may state that the testator was under undue influence, that the signature was forged, or that there is another issue that invalidates the will or trust.
  • Executor or trustee issues: One or multiple parties may accuse the executor or trustee of breaching their fiduciary duty, mismanaging the estate, or otherwise acting in bad faith.
  • Beneficiary disagreements: Beneficiaries may challenge how assets are distributed and claim that they are entitled to other property in the estate.
  • Creditor claims: Creditors have a right to make a claim against the estate if they believe the deceased incurred debt that has not yet been paid.

Why Avoid Probate Disputes?

 You may not be able to avoid all disputes that arise during the probate process. However, it is still advised that you try to avoid them when possible. The probate process is already one that is time-consuming, expensive, and stressful for everyone involved. When a dispute arises, the process will take even longer, incur additional costs, and cause even more stress.

How to Resolve Probate Disputes 

Some probate disputes can only be resolved through litigation. Unfortunately, this is the most expensive way to solve these disputes. If a dispute does arise, mediation and arbitration are two effective forms of dispute resolution. Mediation is often most preferred, as it gives you and the other parties involved control over the process and the ultimate decisions made. During arbitration, an arbitrator will make all of the decisions in the case and they are legally binding.

Our Probate and Trust Administration Lawyer in St. Petersburg Can Help You Avoid Disputes 

When planning an estate or going through the probate process, you need sound legal advice so disputes do not arise. In the event that they still do, it is even more important that you work with a St. Petersburg probate and trust administration lawyer. At Legacy Protection Lawyers, LLP, our seasoned attorneys can help you throughout the probate process and give you the best chance of a successful outcome. Call us now at 727-471-5868 or contact us online to request a consultation and to learn more.



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