Trust & Estate Litigation Counsel

1. Trust & Estate Litigation Counsel We attack and keep the validity of wills, trusts, powers of attorney and death beneficiary designing plans. Such estate planning documents may be contested in Miami on the grounds of mental incapacity, undue influence, mistake, or failure to follow ceremonies. Our contest cases often regard elders who make estate planning changes later in life when they have adverse health conditions. We advise clients heed no contest clauses. There can be many complicating factors in managing a trust or estate in the country, starting with postulates and principles set forth in the Probate Code, appellate court opinions, and state and local court rules. We stand for fiduciaries in disputes over the administration of trusts and estates, guiding them in dealing with beneficiaries who may be angry, delusive and/or unhelpful. We assist fiduciaries navigate issues such as the interpretation of trusts and wills, the management, evaluation and sale of assets, the preparation and settling of accounting, the handling of discretion distributions, and the procedure of trustee’s fees. When relatives or other co-trustees disagree on how to administer a trust, we desire direction from the court on how to move forward. We advocate for trust and estate beneficiaries who are disappointed because they have been unable to acquire information, accountancy or distributions. Fiduciaries may lack the cognition or time to handle administration, misinterpret their duties, or seek to build up themselves as beneficiaries. The state law protects the vulnerable by facilitating financial elder abuse claims. We bring such claims on behalf of elders and their substitutes in interest, and guard those accused of abuse. The declared abusers are often family members or paid caregivers. Our Estate Litigation Attorneys Miami Dade represent family members in conservator-ship disputes, such as when siblings are in battle over an ailing parent’s finances or living arrangements. A conservator ship over the estate permits a court-appointed conservator to pull off the conservatee’s finances and a conservator-ship over the person permits the conservator to oversee the conservatee’s health care and other individualized needs. We appraise, and prosecute or defend, claims that unmarried partners may have against the estates of their departed partners under the Court’s decision, which acknowledged that such partners may have express or implied contractual rights. Trust and estate litigation almost always occurs in an emotionally-charged state of affairs. Many of our suits arise between siblings or between step-parents and step-children. Oftentimes the parties are in struggle over the ownership and control of family businesses and real estate. We resolve many disagreements through dialogue and mediation, often seeking to abstracted out economic interests so that the assorted parties can go their own ways. Family members often have strong feelings and diverging goals such that some disputes can only be resolved through trials. Each of our lawyers has a background in tax, estate planning and administration, and judicial proceeding. We formulate client issues with sophisticated knowledge of the rules and responsibilities that govern negotiations and outcomes encompassing any dispute. Our Estate Litigation Attorneys Miami Dade use this deep understanding to accomplish most favorable outcomes for our clients, whether through retroactive solutions, negotiation, arbitration, or, when indispensable, at trial and all the way through the appellate courts.