Beyond Will Disputes: When You May Need a Boca Raton Probate Litigation Attorney

Tue Nov 30, 2021 | Will Challenges |

The most common scenario where people seek help from a probate litigation lawyer is when there is a contest involving the will itself. This could be due to claims of undue influence, the validity of the will, or whether the decedent lacked testamentary capacity. However, there are other issues that may require the assistance of a Boca Raton probate litigation attorney. It is important to be able to identify these situations so that you can take action to protect your rights before it is too late. 

A Boca Raton Probate Litigation Attorney Can Help with Guardianship Issues

Guardianship is a probate proceeding that involves obtaining legal authority over another person who is unable to manage their affairs. This can arise in the context of an estate matter, such as when an heir or the testator is no longer able to make decisions on their own behalf. While careful estate planning often addresses this potential situation, there are situations where seeking a guardianship is your only option. Unfortunately, these proceedings are extraordinarily complex, and we would recommend that you engage a lawyer to help you through the process to protect the rights and interests of the estate as well as the person in need. 

Fiduciary Claims 

Personal representatives have a fiduciary duty to act in the best interests of the estate and its heirs. When they fail to meet this obligation, the creditors or heirs of the estate may pursue legal action against the personal representative alleging that they have breached their fiduciary duty. A personal representative can breach their fiduciary duty by commingling estate funds with their own, failing to protect estate assets, or simply failing to take action to execute the will. If successful, the court may remove the personal representative or order whatever other relief that it deems appropriate. Claims involving fiduciary duties can be difficult to pursue, so it is best if you contact a Boca Raton probate litigation attorney to discuss whether you have a case. 

Quiet Title Actions and Gaining Control of Other Assets

Another situation where you may need to engage a Boca Raton probate litigation attorney is when ownership or control of certain estate assets is unclear. For example, the decedent may have owned a piece of land that he received via a quitclaim deed and the validity of the title is in question. Similar issues can arise with regard to creditors’ claims against other assets. A probate litigation attorney can initiate legal proceedings to settle these questions of ownership or control so that probate can proceed. 

Contact Ellis Law Group to Speak with an Experienced Boca Raton Probate Litigation Attorney

No matter what kind of issue you are facing, you should take prompt action to protect your interests and the interests of the estate. Delays can jeopardize your rights and leave you with no recourse. To discuss your issue and whether you should pursue a claim, contact Ellis Law Group at 561-910-7500 today.