Protecting Assets And Legal Interests In Probate Litigation
Probate litigation involves any dispute over the administration of an individual’s estate. Regardless of which side of a dispute you are on, you should have legal advice to protect the estate, your interests and your legal standing, free from accusations of wrongdoing.
At Forgione Law, you will find the counsel that you need to make the right decisions in your probate litigation case. Attorney Forgione places a high priority on responsiveness, clear communication and effective representation that delivers the results clients are looking for.
How Probate Administration Disputes Arise
Probate estates are administered by specific fiduciaries. A personal representative, the executor, is responsible for the administration of an estate through the probate court. The will is the most important testamentary document in probate. The executor of an estate has a long list of duties and obligations that they are required to perform. Most need a lawyer’s help to accurately carry out duties to:
- Inform and give accounting to qualified beneficiaries
- Prudently administer the estate or trust
- Act impartially
- Act with loyalty to the expressed wishes of the deceased and the terms of the respective testamentary documents
If a personal representative or executor breaches their duties, a qualified beneficiary can seek various remedies through the courts, such as:
- Removal of the fiduciary
- Compelling the fiduciary to provide information
- The imposition of a surcharge, requiring the errant fiduciary to personally pay money to the estate, trust or others to compensate for improper conduct.
A will contest may allege that the deceased person did not have the necessary testamentary capacity or was unduly influenced when they created or updated their will.
Other forms of probate litigation may arise when the property is being sold or assets are under inventory. Regardless of details or your perspective in a probate or trust litigation case, turn to Forgione Law in Stuart, Florida, for trustworthy representation.
Attorney Forgione has ample experience representing beneficiaries, fiduciaries and other interested parties such as creditors, business partners and property co-owners in probate and trust litigation.
Creditor Claims During The Probate Process
When someone dies, the creditors they owe have a right to seek payment during probate by filing a claim against the decedent’s estate. Understanding how creditor claims work is beneficial for those seeking fair payment for valid debts and those who stand to inherit from the estate.
What is a creditor claim?
A formal request for the payment of a debt from a deceased individual’s estate. Creditors may include banks, credit card companies, medical facilities and any other entities to which the decedent had outstanding obligations.
Filing a creditor claim during the probate process helps to ensure that the creditor receives payment from the estate’s assets.
What is the process for creditors?
In Florida, creditors must file claims within three months after the required public notice of probate or 30 days after direct notification. They must also provide a sworn statement with verified information demonstrating the claim’s legitimacy.
If the claim is disputed, creditors may litigate in court, but all claims are barred if not filed within two years of the decedent’s death.
What responsibilities do Florida estate executors hold?
They must notify creditors about probate proceedings promptly, assess claims within three months of notice publication and pay validated debts from the estate assets.
Keeping detailed records of these transactions is indispensable, as it can demonstrate good fiscal conduct if a dispute arises.
What are the rights of estate stakeholders?
Family members and others who benefit from an estate have the right to protect their interests. This means they may challenge creditor claims they believe to be unfounded.
Additionally, inheritors are only liable for estate debts up to the value of their inheritance.
Are all assets at risk in a claim?
Fortunately, not all assets are subject to creditor claims. Life insurance proceeds, retirement accounts and certain other property may bypass probate and be directly transferred to beneficiaries, free from creditor claims.
However, creditors may still pursue claims against the property that do not go through probate, up to the value of the involved inheritance.
Get Answers And Advice To Point Your Probate Litigation In The Right Direction
Winning your case may not mean taking it before a judge and jury. Excessive legal fees can make a victory ineffective in the end. Negotiations or mediation may be more cost-effective and may even keep peace within a family after the completion of an estate or probate litigation case. Lawyer Brandon Forgione is genuinely interested in helping you find a resolution in your best interests and the protection of assets in an estate.
If you have questions about your rights under a will, or if you are a personal representative or executor facing challenges, please contact Forgione Law at 561-730-3926 or send an email inquiry. Discover the responsiveness that attorney Forgione is known for.