Will Contest Lawyer, Probate Dispute Attorney, & Estate Litigation Law Firm for Florida Matters
Serving Palm Beach, Martin, St. Lucie, Broward, Okeechobee Counties and the Surrounding Areas
Probate and estate litigation are highly complex legal matters. Whether you are contesting a will or a trust or bringing a lawsuit against a personal representative or trustee for the manner in which they are handling the estate or trust, or potentially defending a trust or estate, The Karp Law Firm serves as co-counsel with trial and litigation attorneys to help develop your case. We will help you select a litigation law firm to handle the lawsuit.
Don’t Lose Your Rightful Inheritance!
If your inheritance is at stake, we encourage you to contact us before financial damage is done.
If you have a will, trust, probate, or estate dispute, we invite you to contact our office to schedule a no-obligation consultation. We have convenient offices in Port St. Lucie, Boynton Beach, and Palm Beach Gardens. We can also consult with you by phone or zoom. We can assist you with:
- Will contests and litigation
- Trust disputes and litigation
- Probate contests and litigation
- Other estate disputes and litigation
Why Does Estate Litigation Commonly Occur?
Some common scenarios giving rise to estate litigation are:
- When someone in a second marriage passes away, children from the prior marriage may take issue with how the parent’s estate is being distributed, or how the estate administration is being handled. Florida law provides a surviving spouse with certain rights. This includes the elective share right to 30% of the decedent’s probatable assets, and the right to a life estate in the decedent’s homestead property or a one-half ownership in the property. Only a valid pre- or post-nuptial agreement can waive those rights. But even with the most careful estate planning by the decedent, children from prior marriages and spouses from second marriages often lock legal horns over how funds are being distributed or how the estate is being handled.
- When the trustee is not honoring his/her obligations. Trust beneficiaries have certain rights. The trustee has a fiduciary obligation to honor those rights. For example, beneficiaries are entitled to regular accountings and to receive distributions in a timely manner and in accordance with the terms of the trust. Beneficiaries who believe the trustee has breached his/her duties may seek a remedy through the courts.
- If a Will can be shown to be invalid. There are many reasons a Will may be considered invalid. The most common reasons include that the Will-maker (the “testator”) lacked “testamentary capacity” to execute a Will; was subjected to coercion or duress; was defrauded (for example, told what he/she was signing was not a Will but was something else); and if the Will is not properly executed as required by Florida law. The fact that the testator may have cognitive issues often gives rise to lawsuits; however, the fact that a testator has dementia or cognitive issues does not automatically invalidate a Will, since even such persons may still have testamentary capacity and/or lucid periods when he/she may be competent.
Call Today to Schedule A Consultation with An Experienced Florida Estate Litigation Attorney
Over the years, we have seen countless trust and estate disputes and witnessed the significant and damaging toll it can have on a family. Our experienced Florida lawyers have represented heirs, personal representatives (executors), trustees, and beneficiaries in a wide array of cases contesting wills, trusts, and probate. Much is at stake, and the attorneys at The Karp Law Firm stand ready to tenaciously fight for your rights.
Whether you are interested in challenging an estate or are being accused of wrongdoing as an estate administrator or personal representative, contact The Karp Law Firm today to learn about your legal options. We proudly serve residents of Palm Beach Gardens, Port St. Lucie, Boynton Beach, and the surrounding communities.
Contact The Karp Law Firm at 561-625-1100 in Palm Beach Gardens; 561-752-4550 in Boynton Beach;
772-343-8411 in Port St. Lucie; Toll Free 800-893-9911. Or email us at KLF@KARPLAW.COM.
Adele did an excellent job of providing legal advice and guidance throughout a lengthy estate and trust process that included a related lawsuit involving two additional law firms.
5 Star Review – Jim