Out-of-State Heirs and Florida Probate Litigation

Losing a loved one is never easy, but it is especially difficult for out-of-state family members who find themselves embroiled in a Florida probate litigation matter, having to make important decisions regarding the estate from hundreds or even thousands of miles away. And in today’s coronavirus climate, Florida residents adhering to COVID-19 shelter-on-place protocols are finding themselves in a very similar situation, unable to travel to meet personally with their lawyer.

At the Ellis Law Group, you will work with an experienced and compassionate Boca Raton probate litigation attorney who understands what you are going through. Our Florida licensed lawyers — who count among their ranks attorneys who are also licensed to practice in other states, including New York, New Jersey, Massachusetts, and Illinois — have years of experience providing personalized legal representation to out-of-state clients in probate litigation matters across Florida. We will stay in close contact with you via phone and video conferencing, making ourselves available to answer your questions and to keep you apprised of your case during each phase of the proceedings. 

Types of Trusts and Estates Matters that Can Give Rise to Probate Litigation

During probate —the court process of identifying, gathering, and distributing a decedent’s assets and addressing any of their liabilities after they die — disputes can arise between beneficiaries, heirs, family members, and creditors who could all claim competing interests in the assets undergoing probate 

Challenges may arise regarding the validity of the will or other controlling estate documents, as well as with respect to how those documents are being interpreted. There may also be challenges to the way an executor, guardian, or other fiduciary is discharging their responsibilities or distributing assets during the administration of the estate. 

Florida Trust Litigation

Trusts are usually set up for a specific purpose. For example, a trust may be designed to take care of an individual with special needs or to support a particular charity. Whatever the purpose for the trust, it was set up to fulfill the decedent’s desire to provide for a person or entity in a way that is measured and controlled in accordance with their wishes under the terms of the trust.

Trust litigation occurs when a dispute arises among the individuals who have an interest in how the trust was planned, executed or administered. Because so many people can be involved in any given trust, trust litigation is often complex, involving multiple parties and claims. Your Ellis Group Boca Raton probate litigation attorney has decades of experience advocating for out-of-state clients who find themselves either pursuing or defending actions that involve all kinds of trusts. 

Florida Will Contests

Florida wills can be contested for a variety of reasons, including allegations that: 

  • The will execution was not valid
  • The person executing the will lacked capacity
  • The will was executed under undue influence
  • The will is fraudulent 

Your Ellis Group Boca Raton probate litigation attorney brings years of experience both representing out-of-state clients who contest a Florida will, as well as defending heirs against allegations that a loved one’s will provisions are invalid.

Florida Guardianship Litigation

There may come a time when a loved one becomes unable to manage their own affairs. Perhaps they have started to make unsafe choices or you might be facing a situation where others are taking advantage of their incapacity or vulnerability. Under Florida law, you can go to court to have a guardian appointed to protect the interests and assets of those who are no longer able to make sound decisions on their own behalf. Unfortunately, sometimes guardians do not meet their responsibilities either through incompetence or by purposefully disregarding their obligations, and may even behave in ways that harm their wards while unjustly enriching themselves.

If you suspect that a relative’s guardian is behaving contrary to their legal responsibilities, a Boca Raton probate litigation attorney at Ellis Law Group will be your fierce advocate in seeking justice for your loved one. We will aggressively work to remove them from their guardian role and hold them accountable for the harm they have caused.  

Florida Fiduciary Litigation

When people accept legal authority over the affairs of another — such as is the case with the appointment of trustees, estate personal representatives, guardians, and those with power of attorney — they also accept the legal and ethical obligation to act in a manner that comports with the wishes of the person who placed trust in them. 

These fiduciary duties require them to put the best interest of the testator and beneficiaries first, above their own personal interests. If they abuse this trust and instead engage in practices that do harm to the people to whom they own a fiduciary duty, legal intervention to remove them from their position and hold them accountable for the damage they have created becomes necessary. 

Cases involving breaches of fiduciary duty are common, and out-of-state beneficiaries and family members can be particularly vulnerable. A Boca Raton probate litigation law firm will be able to take immediate action to protect your interests if you are the victim of someone who has breached their fiduciary duty to you as beneficiary of a will or trust or other estate-related matter. 

Contact a Boca Raton Probate Litigation Attorney Today

Any kind of Florida estate litigation is difficult, but it is especially hard when you are miles away trying to participate in a complex probate case from another state.  

When you work with Ellis Law Group litigators, you can find comfort in the knowledge that we bring decades of experience pursuing the interests of out-of-state clients in contested trusts and estates disputes. We approach each case from a place of compassion and commitment to seeking justice for you and your family, and always make a point to stay connected regardless of how far you are from Florida.

We invite you to contact an experienced Boca Raton probate litigation attorney to learn more about how we can help you. Please call us today at 561-349-4705 or contact us online.

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