Probate litigation refers to legal disputes that arise during the probate process – the court-supervised administration of a deceased individual’s estate. These types of disputes can be complex, contentious, and time-consuming, which is why it’s crucial to have skilled legal representation. As Tampa probate litigation attorneys, our team at Smith + Kim Law has extensive experience guiding clients through the Florida probate court system.
Common Probate Disputes
There are several common types of probate litigation matters that can arise, including:
Will Contests – Family members or other interested parties may challenge the validity of a will, alleging issues like undue influence, lack of testamentary capacity, or improper execution.
Breach of Fiduciary Duty – Executors, trustees, or other fiduciaries have a legal obligation to act in the best interests of the estate. Beneficiaries can sue if they believe the fiduciary has breached this duty.
Disputes Over Assets – Disagreements may arise over the rightful ownership or distribution of the deceased’s property, bank accounts, investments, and other assets.
Trust Litigation – Challenges to the terms of a trust, as well as conflicts between trustees and beneficiaries, can end up in probate court.
The Role of a Probate Litigation Attorney
An experienced probate litigation lawyer can protect your rights and interests throughout the court proceedings. They can investigate the circumstances, gather evidence, and build a strong case to advocate for a favorable outcome on your behalf. Having skilled legal counsel is essential, as probate litigation can be highly complex, with strict court rules and procedures.
The Tampa Probate Court Process
In Hillsborough County, where Tampa is located, probate matters are heard in the Thirteenth Judicial Circuit Court. The specific process varies based on the size and complexity of the estate, as well as the nature of the dispute. An attorney well-versed in the local court requirements can ensure compliance and give you the best chance of prevailing.
Probate litigation in Tampa, Florida can be a challenging, high-stakes process. However, with an experienced probate litigation attorney on your side, you can protect your rights and interests. At Smith + Kim Law, our team has the knowledge and courtroom skills to vigorously pursue just outcomes in will contests, breach of fiduciary duty claims, asset disputes, and other probate-related litigation matters. Contact us today to discuss your case.