The administering of the decedent’s estate, as per the will, or as per the state laws, utilizes the probate process. This legal process involves settling the outstanding debts of the deceased, and dividing the remaining assets among the legal heirs. It is during this process that disputes, claims and lawsuits may arise.
After the decease of an individual, his/her estate undergoes this legal process. The court oversees the settling of the debts. The division of assets comes later. If there is a will, the administrator divides the assets according to it. In this case, legal dispute may be possible on grounds of the validity of the will.
When a potential heir faces exclusion from a will, he/she can also think of filing a claim in Florida. This is quite common. For example, a dependent minor child from a previous marriage has the right to file a claim for inclusion as an heir. Excluding such a potential heir is not acceptable in most cases.
The administration of the estate can also be a ground for probate litigation. If any or all of the beneficiaries think that the administrator is not following the terms and conditions of the will, they may file a case. Any improper activity on the part of the executor can become an issue in this regard.
Florida laws specify the division of the estate in case an individual dies intestate, i.e. without a will. The court decides on who gets what according to these laws. The spouse and descendents are the primary heirs. In case there is none, the assets can go to the parents, siblings, paternal and maternal kindred and so on as per the directives of the law.
Whatever the ground for dispute, handling Florida probate litigation requires proficiency in this specific legal domain. In-depth knowledge of the trust and probate laws of the state is the first criterion when you are looking for a legal practitioner for proper representation in a lawsuit.
Just knowledge would not suffice – probate related lawsuits could get difficult! You need a lawyer with experience in such matters. Whether you are going to challenge a will or claim your share as a potential heir, an experienced lawyer can help you formulate the right strategies and approach the matter properly.
Get in touch with a good lawyer if you are considering filing a suit related to a deceased person’s estate, to reach a resolution with ease.
Law & Legal