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3 Reasons That Probate Litigation Happens To An Estate


When a person’s estate is administered to their heirs after their death, this process is known as probate. Essentially, a deceased person’s wealth and assets will be transferred to the people named in a will or to other qualified living people. In the absence of an established will in Florida, an estate will be dispersed to the deceased family. When end-of-life documents are in place, the beneficiaries that are named will receive the benefits from the estate based on the guidance and terms of those documents.

Any assets or possessions that a deceased person, or the decedent, owned will be what makes up their estate. Having proper end-of-life documents in place that are up-to-date is recommended so that there is a lower likelihood that there will be legal challenges for a person’s estate upon death. Also, these documents can better ensure the decedent’s true wishes are carried out.

If you live in The Villages in Florida, and you do not have your estate plan in place, you may have questions about what you should do for your unique situation. The Villages, FL probate attorneys at Millhorn Elder Law Planning Group can answer your questions and help you get your estate in order.

Common Disagreements in Estate Administration

If there are disputes or problems by various parties regarding the administration of a descendant’s estate, lawyers typically will be utilized to come to a resolution. The three most common reasons why litigation becomes necessary include:

  1. The Personal Representative: A court will have a person who is named in the will as the representative to take on the task of administering the estate. Without a will, the court will pick a representative like a family member such as a spouse. Sometimes two people will have equal qualifications to serve as the personal representative and as a result, may serve together in a co-personal capacity. If this is not possible, the court can determine which of the two parties is the most qualified to take on the task alone. Disagreements with an appointment of a personal representative can be objected to and go to litigation. With valid grounds, a personal representative can change.
  2. The Validity of the Will: There are several reasons people may contest a person’s will including:
    1. Fraud, the decedent was tricked into signing the will.
    2. Fraud, the decedent was given untruthful information that they then used to make decisions related to their will.
    3. The will was not technically executed, it was not signed by the appropriate parties.
    4. The decedent was not of sound mind at the time they signed the will.
    5. The decedent was inebriated at the time the will was signed.
    6. A relationship where a beneficiary had a secret relationship with the decedent and got the will set up for them to sign off on.
  3. Improper Distribution of the Estate: When the distribution of a decedent’s estate is completed, beneficiaries may believe that the personal representative did not do their duties correctly. If there are grounds for removal, the personal representative can be removed or be given the assistance of a lawyer to distribute the estate properly.

Speak to The Villages Probate Attorneys Today

Avoiding litigation after your death is typically the goal. To learn more about how to establish a comprehensive estate plan that includes an appropriate personal representative, please call Millhorn Elder Law Planning Group to schedule a free consultation at 800-743-9732. The Florida probate attorneys at Millhorn Elder Law Planning Group are proud to provide legal services to the residents of The Villages in Florida.

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