Navigating Probate Litigation in Fort Lauderdale What You Need to Know

1. Navigating Probate Litigation in Fort Navigating Probate Litigation in Fort Lauderdale: What You Need to Know Lauderdale: What You Need to Know When a loved one passes away, the emotional weight can be overwhelming. Add legal complexities to the mix, and the situation becomes even more stressful— especially if there's a dispute about the estate. That’s where probate litigation comes in. In Fort Lauderdale, where wealth and real estate often go hand-in-hand, probate disputes are more common than many realize. This post aims to guide you through the basics of probate litigation in Fort Lauderdale, highlighting common causes, the legal process, and how to protect your rights. What Is Probate Litigation? Probate litigation refers to the legal process of resolving disputes that arise during the administration of a deceased person’s estate. Unlike standard probate, which is often a straightforward court-supervised process to distribute assets, litigation involves a contested issue—usually among family members, beneficiaries, or other interested parties. These disputes can arise over: •The validity of a will •Alleged undue influence or coercion •Breach of fiduciary duty by the executor •Interpretation of trust language •Creditor claims against the estate Why Fort Lauderdale Sees High Probate Dispute Rates Fort Lauderdale’s affluent population, growing number of retirees, and valuable real estate contribute to the prevalence of probate disputes in the area. As estates become larger and more complex, so do the chances of conflict.

2. Factors specific to Fort Lauderdale include: •Second marriages and blended families: Disagreements often arise between biological children and stepparents. •Out-of-state heirs: Remote beneficiaries may feel disconnected or uninformed, leading to mistrust. •High-value property: Disputes over beachfront properties or investment portfolios can quickly become contentious. Common Causes of Probate Litigation •Will Contests: One of the most frequent reasons for probate litigation is a challenge to the validity of the will. Under Florida law, valid wills must be signed by the testator and two witnesses. Disputes often center around claims of fraud, forgery, or lack of capacity. •Undue Influence: If an elderly person is manipulated into changing their will, the result may be challenged in court. Proving undue influence requires showing that the influencer had a confidential relationship with the decedent and actively procured the will. •Executor Misconduct: The executor or personal representative has a fiduciary duty to act in the best interests of the estate. If they mismanage funds, favor certain beneficiaries, or fail to provide transparent reporting, litigation may follow. •Trust Disputes: Trusts are often used in estate planning to avoid probate, but they can still be contested. Beneficiaries may sue trustees over mismanagement, self-dealing, or unclear terms. The Legal Process in Fort Lauderdale Probate litigation in Florida typically unfolds in the Broward County Probate Division. The process includes:

3. •Filing a Petition: The challenging party files a formal petition objecting to a will, appointment, or distribution. •Discovery Phase: This is where evidence is gathered—bank records, medical files, correspondence, etc. •Mediation or Settlement Talks: Most probate cases settle out of court. Mediation can preserve relationships and reduce legal costs. •Trial: If no resolution is reached, the case proceeds to trial, where a probate judge issues a final decision. Legal timelines in Florida can range from a few months to several years, depending on complexity. Protecting Your Rights If you’re involved in a probate dispute in Fort Lauderdale, the most important step is to retain a probate litigation attorney experienced with Florida’s unique estate laws. A knowledgeable attorney can help you: •Assess the strength of your claim •Navigate court deadlines and filings •Protect your rights in mediation or court Final Thoughts Probate litigation is never easy, but with the right guidance, you can protect your loved one’s legacy and ensure that justice is served. Whether you're contesting a will or defending it, understanding the basics of probate litigation in Fort Lauderdale can make a significant difference in the outcome of your case. If you find yourself facing estate disputes, act early. Emotions run high, and waiting too long can weaken your case or even result in lost legal rights due to Florida’s strict filing deadlines.