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probate LITIGATION
Probate Litigation encompasses a variety of lawsuits that may arise as a result of actions taken by someone close to the deceased. This can include an action to revoke a will based upon the possibility that the decedent lacked the mental capacity to sign a Last Will and Testament, the possibility that someone has exerted undue influence over the decedent to cause that person to sign a Last Will and Testament, and the possibility that the Last Will and Testament was not properly signed and witnessed in conformity with Florida law.
In addition to the above actions, a variety of issues may be present that warrant the filing of a lawsuit to recover estate assets or change the testamentary disposition of the decedent including, but not limited to, actions concerning the misuse and abuse of a power of attorney, the fraudulent procurement of lifetime transfers of property, the breach of a close and confidential relationship by an attorney or other fiduciary, allegations of elder abuse or even allegations that a friend or family member acted to wrongfully turn an elderly person against his or her loved ones.
The Personal Representative, beneficiaries, family members, and potential heirs can find themselves embroiled in hotly contested and complex litigation. Probate disputes require the assistance of an attorney experienced with the complex issues that arise in the context of probate and who has significant trial experience.
Christopher Q. Wintter is a Board Certified Wills, Trusts & Estates lawyer that is dedicated to assisting those embroiled in probate litigation. Mr. Wintter is an experienced trial lawyer and is no stranger to the courtroom. Mr. Wintter is a specialist in resolving these types of matters and his firm is dedicated to the successful resolution of probate related disputes.
Our attorneys have litigated cases throughout Florida including, but not limited to, those involving the following issues:
- Will contests
- Claims of lack of capacity
- Claims of undue influence
- Elective share issues
- Tax apportionment issues
- Claims of forgery
- Actions by and against personal representatives of estates for breach of fiduciary duty, removal, and surcharge
- Contested appointments of personal representatives of estates
- Objections to, and the defense of, probate accountings
- Petitions to determine entitlement to estate distributions
- Petitions to determine heirs
- Actions involving creditor claims
- Actions concerning elder abuse
- Actions concerning the abuse and misuse of Powers of Attorney
- Actions to recover property on behalf of an estate taken from the elderly and infirm
