Boca Raton Estate Litigation Attorney
Boca Raton Estate Litigation Attorney for Family Disputes
Grief, sadness, loss, and memories are not all that is left behind after a loved one passes away. Sometimes, those shared feelings are accompanied by different perspectives about how their loved one’s estate, assets, or other issues should be handled. Similar disputes can also arise during the person’s lifetime if age or illness leaves them unable to manage their own affairs and trust must be placed in others to do the right things on their behalf. When a dispute occurs, the easiest way to resolve conflict is to consult with a Boca Raton estate litigation attorney.
Family members, some of whom may live far from South Florida, can have different perspectives about their loved one’s intentions and their own rights. Heirs and others with interests or claims may be pitted against each other in costly battles which raise powerful feelings and strain the bonds of family. It is not uncommon for significant changes to be made to a loved one’s estate plan as a result of infirmity or the influence of a third party, with the result being that our loved ones leave behind an estate plan that does not reflect what was truly intended.
Forceful Advocacy and Compassionate Counsel for All Estates and Trusts Disputes
At Ellis Law Group, our Boca Raton estate litigation attorneys understand the legal complexities as well as the emotional sensitivities involved in these disputes. No matter where you are or what your concerns, we offer strategic counsel and forceful advocacy which facilitate positive outcomes and can help you and your family heal. Knowing that estates and trusts litigation can be overwhelming and often costly, we also offer flexible means of providing these services so that those requiring high-level legal representation can get the help they need during a difficult time.
In the courtroom and at the negotiating table, our litigators balance their fierce protection of our clients’ interests with an ability to find creative and equitable solutions. We bring decades of litigation experience and insights to the representation of individuals and entities across the country with interests in all types of trusts and estates litigation in Florida. This includes will contests and trust contests, disputes over transfers of money and real estate, actions concerning pay-on-death and survivorship rights, elective share and spousal rights cases; actions involving breach of fiduciary duty; accounting disputes; and incapacity and guardianship matters.
Why You Need a Boca Raton Estate Litigation Attorney to Take Your Matter to Court
One of the primary reasons for entering into a sound estate plan is to avoid having heirs second guess your wishes. Often trust and estate disputes can be avoided if a solid estate plan is put into place in advance. Working with an estate planning attorney to create and properly execute a Florida will, establish trusts that make sense for your goals, and making sure that health care surrogacy documents and living wills are created and properly executed well before they are needed, can all go a long way to help avoid some of the uncertainties that give rise to litigation.
Sometimes, however, even these best efforts will not be enough. Disputes can still arise over a loved one’s estate, and when the matter escalates to a point where the opposing parties cannot see eye to eye without a court’s intervention, a trial will be needed to determine how the issues in dispute will ultimately be resolved.
When issues like these arise you are going to need the skills and experience of an Ellis Law Group ,Boca Raton estate litigation attorney. Explained in more detail below, the most common situations that give rise to estate litigation include:
In Florida, probate is the court process of identifying, gathering, and distributing a decedent’s assets and addressing any of their liabilities after they die. Even with a valid will, probate is still necessary to pass ownership of probate assets to beneficiaries.
As that process moves forward, disputes can arise between beneficiaries, heirs, creditors, family members and others who may claim an interest in the decedent’s assets. Some may challenge the validity of a will or other controlling estate documents or take issue with how those documents are being interpreted. Some may have concerns about the way an executor, guardian, or other fiduciary is discharging their responsibilities or distributing assets. These disputes are addressed in probate litigation.
Trusts – revocable or irrevocable, for special needs, charitable giving or other purposes – are fundamental and effective estate planning vehicles. But they are not immune from challenges and disputes. Trust litigation involves multiple parties, many with different interests and roles. The individuals who make the trust (and those who helped them prepare the trust documents), beneficiaries, the person charged with the responsibilities of administering the trust and following its terms – all may not see eye-to-eye about a range of issues.
When someone passes away in Florida after having prepared a will, there may be people who are unhappy with its contents and feel like they have been shortchanged. There may be others who don’t believe the will is valid or that it was executed under circumstances that should render it invalid. Will contests are the means through which these claims are resolved.
The passage of time or an unexpected tragedy can make it difficult or impossible for some individuals to responsibly manage their own affairs. That is why Florida law establishes a mechanism – guardianship – designed to protect the interests and assets of those who can no longer do so themselves. Sometimes, however, guardians do not adhere to their fiduciary responsibilities and make decisions that hurt the people they are supposed to protect and enrich themselves instead. When that happens, our guardianship litigators stand ready to hold such wrongdoers accountable for their actions and protect wards from further financial harm.
Many aspects of estate planning involve placing trust in others. However, the power entrusted to a fiduciary can be abused and become a vehicle for greed, fraud, and self-dealing. Making matters worse, the person breaching their duties may be a trusted friend or family member who takes advantage of their position to focus on their own financial interests. In such situations, our fiduciary litigants can take quick and decisive action to remove the fiduciary, hold them accountable for any losses, and stop any further damage.
The Skills You Need in a Boca Raton Estate Litigation Lawyer
Not all estate attorneys are experienced litigators, In fact, many lawyers who help clients create estate planning documents or marshal a will through probate have never actually been involved in a contentious estate-related lawsuit. This is where working with a Boca Raton estate litigation attorney at Ellis Law Group can make all of the difference. We are fierce advocates and have the skills to aggressively pursue our clients’ claims and protect their rights.
Our litigation skills include:
- Employing investigative and forensic skills to establish or dispute the validity of estate-related documents
- Gathering relevant statements from parties, witnesses, family members, and others to get to uncover the facts and underlying legal issues at hand
- Collecting and undertaking detailed analyses of relevant medical and financial records
- Proficiency in all aspects of discovery, including drafting and assisting our clients in answering interrogatories, deposing witnesses, and preparing our clients for depositions
We are also able to leverage our trial advocacy skills during settlement negotiations, as opposing counsel knows that we are experienced litigators who will not hesitate to pursue legal remedies in court if necessary.
The following provides additional details on the types of estate litigation matters we regularly pursue or defend on behalf of our clients.
Contact an Experienced Boca Raton Estate Litigation Attorney Today
No one welcomes litigation. No one dealing with the loss of a loved one or the complexities of managing their affairs wants to find themselves embroiled in contentious disputes, especially those involving other family members. But when such matters do arise, it is essential to have powerful allies, advisors, and advocates who can help efficiently resolve these complex disputes fairly and equitably.
At Ellis Law Group, P.L, our litigators have immersed themselves in the nuances of contested trusts and estates disputes for years, obtaining insights which can only be gained through experience. With clarity, compassion, and an absolute commitment to our clients’ interests and goals, we offer seasoned representation at accessible costs.