Boca Raton Trust Litigation and Probate Administration Attorneys
Disputes are not uncommon during probate proceedings. Even if there are no disputes, it is advisable to seek the legal counsel of a probate administration attorney who is familiar with all the applicable procedures and requirements to administer an estate.
You can benefit from working with a trust litigation and probate administration attorney if you are a beneficiary of an estate or were appointed to serve as a personal representative of a deceased’s estate.
At Laing, Weicholz, Schley we are committed to helping clients handle probate administration or probate litigation. Schedule a case review with our attorneys to discuss your particular case by calling 561-416-1818.
Trust Litigation in Florida
Trust litigation involves disputes over a living, irrevocable, or any other trust between beneficiaries, trustees, or other interested parties. When the trustor creates a trust, they name a trustee responsible for administering and distributing assets according to the trustor’s wishes.
However, when disputes between trustees and beneficiaries arise, trust litigation may be necessary to resolve the dispute and move forward with the distribution of the trustor’s assets. Trust litigation can be the result of:
- Trustee’s wrongdoing
- Breach of fiduciary duty
- Undue influence
- Lack of mental capacity
- Tortious interference
If you are involved in trust litigation as a trustee, beneficiary, or personal representative of the trustor’s estate, it is essential to work with an experienced attorney to resolve your dispute. It is best to resolve the dispute out of court to avoid the cost of litigation and minimize stress.
Probate Administration in Florida
When a person dies, a probate proceeding may be opened to distribute their assets to the beneficiaries. Unless all of the deceased’s assets pass without probate, probate administration may be required to settle the estate.
Since every estate is different, you can benefit from hiring a probate administration attorney, whether you are a beneficiary or personal representative of the decedent’s estate. Florida law recognizes different types of probate:
Summary vs. formal probate administration. An estate worth $75,000 and less qualifies for summary probate administration as outlined in Fla. Stat. § 735.201. An estate also qualifies for summary administration if more than two years have passed since the decedent’s death. Estates that do not qualify for summary administration must go through formal administration.
Domiciliary vs. ancillary probate. Domiciliary probate is when the decedent’s assets are located in the state of Florida. Ancillary probate is necessary when the assets are located in Florida but are owned by a decedent who was not a resident of the state.
As a rule of thumb, it can take between six months and a year after probate proceedings are opened to distribute the assets and complete probate administration. A knowledgeable attorney can help you take the necessary steps to expedite the probate administration process.
Contact a Florida Trust Litigation and Probate Administration Attorney
Our attorneys at Laing, Weicholz, Schley have over five decades of combined experience handling trust litigation and probate administration cases. We are familiar with the complex legal procedures and requirements associated with trust litigation and probate administration. Our law firm is known for its diligent work and unmatched advocacy skills in Boca Raton and across Florida.
Schedule a consultation with our trust litigation and probate administration attorneys by calling 561-416-1818.