Common Types Of Estate Litigation
Estate litigation involves a variety of legal disputes that arise when a person dies or becomes incapacitated and leaves behind an estate. In many cases, estate litigation is the result of inaccuracies or mistakes made by the decedent when creating an estate plan.
To save your loved ones from estate litigation, you might want to work with an experienced lawyer. Our Pompano Beach estate & trust litigation lawyer at Mark R. Manceri, P.A., can help you navigate the process of creating an estate plan or – if you are dealing with a dispute after a loved one’s death – help you resolve disputes that may lead to estate litigation.
Common Types of Estate Litigation
Below are some of the most common types of estate litigation:
A will contest is a legal challenge to the validity of a will. Under Florida Statutes § 732.502, a will is valid if it was signed by the testator, who is of sound mind, in the presence of two witnesses.
Will contests are often brought by beneficiaries who believe they have been wrongfully excluded from the will or who believe that the deceased was unduly influenced by another party at the time of its creation. In some cases, there may be evidence that the deceased lacked capacity at the time they created their will or that it wasn’t properly executed according to state law requirements. When a will is contested, it can lead to lengthy court battles as both sides fight for their rights under the law.
Beneficiary designations refer to naming someone as a beneficiary in an insurance policy or retirement plan after death. Beneficiaries are entitled to receive benefits from these policies and plans upon the death of the insured individual. However, if there is any dispute over who should receive those benefits—such as when two or more people claim rights to them—it could lead to costly litigation over who should receive them. This type of situation often arises when individuals fail to update their policies with new beneficiaries after major life events, such as marriage or divorce.
Fiduciaries are individuals appointed by an estate’s executor/administrator/trustee to manage and distribute assets according to the wishes of a deceased person’s estate plan. Fiduciary disputes occur when there is a disagreement between parties regarding how assets should be managed or distributed from an estate plan.
This could involve everything from deciding how much money should be spent on legal fees for administering an estate to how much money should go into various trusts for beneficiaries named in an estate plan. In some cases, fiduciaries may even be accused of mismanaging funds or not performing their duties properly—which can lead to costly litigation if not resolved quickly and efficiently through mediation or other methods outside of court.
Work with an Attorney to Avoid Mistakes
Estate litigation encompasses many different types of disputes that can arise when someone dies or becomes incapacitated without leaving behind clear instructions about how their assets should be managed or distributed after death. Understanding these common types of estate-related claims can help you avoid costly mistakes while navigating complex legal processes associated with managing estates after death – saving everyone time, money, and stress in the long run.
Contact our knowledgeable and detail-oriented lawyer at Mark R. Manceri, P.A., to assist you with your estate plan. Mark R. Manceri can also help if you are dealing with a dispute following your loved one’s death. Call 954-491-7099 to discuss your case.