In the state of Florida, intestacy laws exist that determine to whom assets are distributed after the deaths of individuals who failed to make legally binding estate plans. For those who were forward-thinking and put estate plans in place, assets are distributed according to their wishes during the probate process. However, in some cases, disputes can result in probate litigation. What are the most common causes of probate litigation?
Information published by The Florida Bar lists common causes for probate litigation. For instance, probate litigation may be necessary if a dispute is filed by a creditor. In Florida, creditors have the right to file claims against decedents? estates in order to recoup the money. Due to this right, an estate must remain in probate for at least three months to give creditors time to file their claims. Probate litigation can arise when creditors? claims are denied.
Another common cause of probate litigation is a dispute among beneficiaries. Often, such a dispute is caused by a suspicion that a decedent?s will is fraudulent or invalid. These disputes often cite coercion or mental incapacitation as the reasons for the disputes.
If you would like to learn more about the probate process and how to prevent probate litigation, you can do so with the help of an experienced legal professional. If you are, were or believe you should be a beneficiary, and you believe your loved one?s will is invalid, an estate lawyer can assist you as well. Regardless of your probate-related need, a legal professional in Florida will be able to answer all of your estate-related questions.