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Who Does a Probate Litigation Attorney Represent?

Fri Feb 26, 2021 | Probate |

While most estates make their way through the probate process without issue, many others quickly become bogged down in disputes. These disputes can arise for several reasons, including disputes concerning the validity of the will or the personal representative’s breach of their fiduciary duty. If you are involved in an estate that is mired in disputes, a Boca Raton probate litigation attorney may be able to help you find the way forward. 

A Boca Raton Probate Litigation Attorney Can Represent the Estate

If there is a dispute concerning the estate that cannot be resolved, the personal representative should consider hiring a Boca Raton probate litigation attorney to represent the estate. The personal representative is expected to be somewhat neutral and act in the best interests of all beneficiaries and other interested parties. As a result, they are arguably required to hire legal counsel to defend against any adversarial claims brought by the heirs or other parties. 

A Boca Raton Probate Litigation Attorney Can Represent the Heirs or Beneficiaries

On the other side of the coin, heirs or beneficiaries who have issues with the administration of the estate will probably need to hire a probate litigation attorney to represent their claim. The probate process is a quasi-judicial proceeding that takes place under the auspices of a judge. For your dispute to be fairly considered, you will need to formally file your dispute with the probate court. This requires knowledge of the rules of procedure, evidentiary requirements, and other legal matters. Even a minor mistake can jeopardize your claim. A Boca Raton probate litigation attorney can make sure that your claim is given the consideration it deserves. 

A Boca Raton Probate Litigation Attorney Can Represent the Personal Representative

Sometimes an estate dispute centers on the actions or inaction of the personal representative with regard to handling the estate. Claims that you have breached your fiduciary duty to the beneficiaries are very serious and often fairly complex. A Boca Raton probate litigation attorney can defend you against any such claims and help you move forward with your responsibility to administer the estate. 

A Boca Raton Probate Litigation Attorney Can Represent Estate Creditors

Probate litigation lawyers can also help creditors bring claims against an estate. The personal representative may undervalue or fail to recognize your claim or give another creditor priority over you. There is a very small window for you to present your claim and get it paid. A probate litigation attorney with experience in representing creditors in probate proceedings can make sure your claim is handled properly. 

Contact a Boca Raton Probate Litigation Attorney at Ellis Law Group

When it comes to estate administration, no one wants to litigate. Unfortunately, it is sometimes unavoidable and may be your only option for resolving disputes. A Boca Raton probate litigation attorney can make sure your interests are protected. To discuss your case with one of our attorneys, call the Ellis Law Group at 561-910-7500 to schedule an appointment today.