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Florida Probate Litigation

Clearwater Estate Dispute Law Firm 

Even the best estate planning can potentially spawn disagreements between beneficiaries, heirs, and other interested parties. The attorneys at Persante Zuroweste are knowledgeable and experienced in probate law, and represent those whose rights may be affected in a probate dispute. Some of the causes of action brought in a will contest, include:

Florida Probate Litigation Terminology 

What does “probate” mean?

Probate is narrowly defined as a legal process where the validity of a will is established before a state court. However, the term is now commonly used broadly to refer to the entire judicial process of estate administration.

What is the judge’s role in a probate proceeding?

Typically, a decedent will nominate a person in their will to oversee the probate process, commonly referred to as a personal representative or executor. The personal representative must then be appointed by the judge. The judge is also responsible for determining the validity of a will and supervising the administration. 

What does a personal representative do?

The personal representative acts on behalf of the decedent's estate, manages the inventory and distribution of the decedent's property, and pays the decedent's debts. The personal representative must act for the best interests of interested persons, including creditors. 

What if my family member died without a will?

In Florida, a will is not necessary to distribute property. If a loved one died without a valid will, the property will pass by “intestate succession.” This is the legal process where the property is distributed to the decedent’s surviving spouse and descendants in an order determined by the State of Florida.

Florida Guardianship Litigation

Probate also includes the law of guardianship. A guardianship is a legal proceeding in which a guardian is appointed to exercise the legal rights of an incapacitated person. Many times, disputes arise during the probate of a decedent’s estate or in the administration of a guardianship.

Common Probate and Guardianship Litigation Disputes

Sometimes disputes over a will cannot be resolved among family members and other beneficiaries without the assistance of an experience attorney. In probate or guardianship disputes, our attorneys represent personal representatives, trustees, guardians, beneficiaries, charities, and potential heirs to represent their interests or pursue their claims.

The attorneys at The Persante Law Group, P.A. are known as experienced probate litigators. If you would like to speak to one of our attorneys regarding your probate issue, contact us at (727) 796-7666.

 

Contact Us:

PersanteZuroweste handles Estate and Probate litigation matters. If you believe that you may need legal assistance regarding a Florida probate litigation matter, please contact us at (727) 796-7666.

About PersanteZuroweste:

PersanteZuroweste has established a reputation as prominent trial lawyers serving clients throughout Florida. Our office is conveniently located to the Clearwater, St. Petersburg, and Tampa Bay communities.