Losing a loved one is a painful experience, so taking legal action may be the last thing on your mind as you grieve this loss. But unfortunately, many families are forced to hire an attorney to help them through the probate process and ensure their loved one’s assets are distributed fairly.
Our Attorneys Give a General Overview of the Probate Process
Probate is the process by which the deceased’s estate is settled and assets are distributed to the rightful heirs. This process may include identifying and gathering all of the deceased’s assets, including bank accounts, real estate property, and more, paying the deceased’s debts, and distributing the remaining assets to the beneficiaries.
Probate is necessary regardless of whether the deceased had a will or not. If there is a will, it must be submitted to the court in order to take effect. If there is no will, probate is required to ensure the deceased’s assets are transferred to those who are entitled to them under state law.
What is a Probate Litigation Lawyer?
Many people believe probate lawyers and estate planning lawyers are the same, but this is not true. Families may need a probate litigation lawyer to assist them during the probate process if there are disputes over the estate. For example, family members have the right to challenge the validity of the will left behind by the deceased. This occurs when someone believes the deceased was forced to write the will or under duress when the will was written. A dispute can also arise if someone believes the terms of the will are contradictory or ambiguous.
Probate litigation lawyers can also assist when disputes arise over the executor or trustee of the estate. The surviving family members may believe the executor or trustee is embezzling funds from the deceased’s estate or not making decisions that are in the best interests of the family.
If you plan on challenging the deceased’s will or would like to have the executor or trustee removed from the estate, consult with a probate litigation attorney right away.
Our Lawyers Can Assist in Probate Cases Involving Elder Abuse and Exploitation
Sadly, many probate disputes arise due to allegations of elder abuse or exploitation. Many of these cases involve power of attorney issues. For example, someone may take advantage of an elderly individual and convince him to sign over power of attorney before his death. This manipulative person may then abuse his authority by embezzling money or assets. As a result, the beneficiaries will be left with very little after the elderly individual passes away.
In other cases, someone may force an elderly person to include him in the will by making physical or verbal threats. If the family can prove that the will was made under duress, it is not valid.
Elderly abuse and financial exploitation are far too common in the state of Florida. If you believe that your loved one was abused or exploited before he or she passed away, speak to our attorneys as soon as possible.
Contact One of the Top Law Firms in Stuart to Schedule A Free Consultation Today
If you are in need of a probate litigation attorney, contact Kibbey Wagner, PPLC at once to review your case with a member of our team. Our attorneys at law work tirelessly to protect the rights of estate and trust beneficiaries. Together, our lawyers have over 60 years of professional legal experience. In addition to probate litigation, Kibbey Wagner, PLLC also has various personal injury and criminal defense practice areas.
During the initial consultation, we will explain our legal services and answer any questions you may have related to trusts, wills, and civil litigation. Call our office today at (772)-286-0023 or email us at Kibbey@KibbeyLaw.com. Clients can also contact us by submitting the form on our site.