Probate Litigation Attorney

Probate Litigation Attorney | Winter Park

Unfortunately, probate does not always go smoothly. In this case, a will may be contested in court. This could be when the decedent had multiple wills or when there were many handmade amendments. The court will determine if this will is valid. In this case, an attorney will be required to protect your interests as a beneficiary or probate administrator. Attorney Aubrey Harry Ducker Jr. is an Orlando probate litigation attorney who assist clients with a wide range of probate litigation issues:

Will contests
Trust contests
Breach of fiduciary claims
Disputes over the management of the estate
Disputes over an accounting of the estate
Inter-family disputes

When a Probate Dispute is Needed

There are several factors that are likely to lead to probate dispute and possibly litigation. These instances, according to the American Bar Association (ABA), include:

When the decedent had a second (or third) marriage
some or all of the decedent’s children were left out of the will entirely
When one child is bequeathed much more than the other
a child becomes the parent’s caregiver and takes over their financial affairs at the same time
When non-family members or distant family members influence a will
an executor is taking a long time or makes errors

What is Undue Influence?

Undue influence happens when a testator’s free will is “usurped by the will of another,” and such “manipulation of a person’s free will is essentially a psychological phenomenon.” Your attorney must be able to show what the testator’s real intentions were in order to prove undue influence. This is certainly a real concern among the more elderly and frail of testators.

What is the difference between collaboration and litigation?

Probate Attorneys for All Types of Will Contests

There are numerous reasons why a party would dispute a will. For instance, they may believe that another person used undue influence to alter the will. Perhaps they think the probate administrator has defiled their fiduciary duties. Regardless of the specifics, the logic is usually that the beneficiary felt that they were unfairly left out. Or that there is wrongdoing on the behalf of another party. Challenges against a will may stem from the following:

decedent lacked testamentary capacity
The will was subjected to fraud, undue influence, or coercion
The will was not properly witnessed or executed
A will contains errors

Who Attorney Aubrey Harry Ducker Jr. Serves

Attorney Aubrey Harry Ducker Jr. assists a wide variety of clients, including heirs, beneficiaries, and omitted heirs in will contests, in addition to all of the following parties:

Executors
Administrators
Personal representatives
Trustees
Conservators
Guardians

Contact an Experienced Winter Park Probate Litigator Aubrey Harry Ducker Jr.

You will need an experienced attorney when a will is contested or when you wish to contest a will. Furthermore, an attorney has intimate knowledge concerning all matters of probate law. Call Attorney Aubrey Harry Ducker Jr. today for immediate assistance. Attorney Aubrey Harry Ducker Jr. has been assisting clients in elder and probate law since 1999.

Not sure about care for an elderly loved one? If you are seeking legal representation contact Attorney Aubrey Harry Ducker Jr. Attorney Aubrey Harry Ducker Jr. handle’s every legal representation from family law to elder law. Call us at (631) 248-6423 or send us a send us a message. Visit Aubrey Harry Ducker Jr’s Office. Attorney Aubrey Harry Ducker Jr. serves Altamonte Springs, Longwood, Maitland, Orlando, Oviedo, Winter Garden, Winter Park and Winter Springs and surrounding areas.