Probate Litigation Attorney | Orlando
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. 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.
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
