Florida Probate Lawyers - The Law Offices of Adrian Philip Thomas

Florida Probate Lawyers and Information on Wills, Estate Planning & Probate Laws

The Law Offices of Adrian Philip Thomas, P.A. is a Florida probate law firm located in downtown Fort Lauderdale, where the attorneys concentrate their entire law practices in matters of Florida probate law and litigation.

The lawyers at our firm represent clients with all types of estate, will, trust, and probate issues, particularly those concerning: estate litigation, will contests, probate litigation, undue influence, guardianship disputes, and lack of mental capacity lawsuits.

Adrian Philip Thomas – Florida Probate Lawyer/Managing Partner of the Law Firm

Mr. Thomas is a well-respected Florida probate attorney and is the managing partner of this boutique, six-attorney Fort Lauderdale law firm. Mr. Thomas has years of experience in Florida probate law and the representation of individuals, heirs, beneficiaries, and family members adversely affected by an honest mistake, by a misunderstanding, or by outright fraud and dishonest behavior.

Florida Probate Lawyers Concentrating their Practices in Probate Litigation Matters

Together with his firm’s team of probate lawyers, Mr. Thomas represents clients in the following practice areas:

Will Contests
Estate Litigation
Determination of Heirs
Trust Reformation/Construction
Probate
Undue Influence Claims
Elective Share Litigation
Florida Wrongful Death

Last Will and Testament Disputes
Breach of Fiduciary Duty
Trust Litigation
Trust Contests
Probate Litigation
Lack of Mental Capacity (Testamentary Capacity)
Removal of Personal Representative

How can a Florida probate lawyer help you?

Experienced estate attorneys always counsel families to avoid a legal fight – if they can

When a loved one or family member dies, fights and controversies can arise concerning the property that must be distributed after death. At our firm, we believe that estate lawyers representing beneficiaries, heirs, friends, family members, or designated charities in the Last Will & Testament or other testamentary documents (for example, a Trust) should attempt at first to informally negotiate an honest, fair and prompt response to any estate dispute or probate problem.

Florida probate lawyers see many emotional disputes over property because a large segment of the state’s population is retired senior citizens. Often, the experienced counsel of an estate attorney to the grieving parties can be enough to resolve the property issues quickly and in a satisfactory manner for everyone.

Sometimes, a legal fight cannot be avoided – negotiated settlements

In some matters, problems are more serious and probate lawyers will need to find a more structured resolution to the controversies. Whether a family is facing a will contest, trust litigation or probate lawsuit, an experienced probate lawyer can organize a more formal settlement process and thereafter structure the settlement to protect his client's rights.

There will be occasions of wrongdoing -- a full probate lawsuit in a Florida courtroom can be necessary

Unfortunately, there will be occasions where the death of a loved one or family member may be followed by a lawsuit over his property -- and this lawsuit will be a necessity. The veteran probate lawyers at Adrian Philip Thomas, P.A. have seen many situations where only a courtroom challenge can stop wrongdoing that has occurred.

When a family member, second spouse, neighbor, or home health care aid improperly places himself into a Last Will and Testament or Revocable Trust -- and that defendant refuses to negotiate fairly -- it may become crucial for a probate lawyer to file a lawsuit and litigate the case in a Florida courtroom to have an inheritance or gift protected and returned.

Adrian Philip Thomas, P.A. is a law firm of Florida probate lawyers respecting the wishes of the decedent while serving the interests of the client in both will and trust controversies

  • Wills. Whether an estate dispute rises to the level of a will contest or is best resolved by informal negotiations or structured settlements is an issue to be determined by an experienced Florida probate lawyer, who can honestly evaluate the merits of the case with a client.

    For example, in a Last Will and Testament dispute, an heir usually has some basic facts to support that he has been unfairly omitted from the will, removed from the trust, or not included in the estate administration or probate process. At our firm, experienced probate lawyers investigate these facts to determine whether a case exists.

    How? We believe that a good, aggressive estate lawyer combines the client's beliefs with the opinion of the estate attorney. The probate lawyer take the facts and then adds the Florida statutory and case law that establishes clear rules regarding probate litigation and grounds for contesting the validity of a will. Together these will assist the client in making the final decision on whether to retain an estate attorney and to proceed with the matter. Mr. Thomas and his team of estate attorneys are very capable of combining these numerous factors to advise potential clients.

    What kind of lawsuits? Evaluating facts and evidence with an experienced probate lawyer like Mr. Thomas may lead to the conclusion that grounds exist to support a lawsuit for an undue influence claim (challenging whether the testator freely and voluntarily made a will) or a lawsuit based on lack of testamentary capacity (challenging whether the testator had sufficient mental capacity to understand the nature, details and ramifications of a Will).

    Regardless of the actual lawsuit filed, the analysis must be done in a comprehensive manner by an experienced Florida probate lawyer before engaging in estate litigation or a probate challenge. For example, the estate attorney may discover that the witnesses to the Last Will and Testament did not sign in the presence of the testator or each other, which causes the will to be invalid under Florida law, and presents additional grounds to file a lawsuit.

  • What about trusts? Trust litigation may challenge the validity of a trust in a manner similar to a Will contest, where undue influence or lack of capacity are alleged, or it may include a trust construction proceeding, where an estate lawyer is hired to seek court interpretation of the document language to determine the rightful trust beneficiaries. Trust construction is necessary when the trust document is unclear or is contradictory regarding the identity of beneficiaries, the allocation of estate and/or income taxes, the interests of lifetime beneficiaries, interests of remainder beneficiaries or the operation of gift and distributive property provisions. The probate lawyer is hired to obtain the Florida judge’s decision on how the trust language should be read. Trust reformation is another specialized area of trust litigation. Here, the court is asked to reform or change a trust, either to fix a trust problem or to modify it to reflect the true intention of the testator. Sometimes, our firm is hired by a beneficiary to monitor the trustee’s activities or to compel a fair and accurate accounting and other times we are hired by the trustee to help ensure that he or she is doing the job correctly and not inadvertently breaching a fiduciary duty to the beneficiaries.

Want a meeting with a Florida probate lawyer at Adrian Philip Thomas, P.A.?

Adrian Philip Thomas, P.A. is located in central downtown Fort Lauderdale, Florida on historic Las Olas Boulevard, which is one block from the Fort Lauderdale courthouse where Broward County probate and trust disputes are litigated.

While most meetings are scheduled during normal business hours, special arrangements can be made for conferences outside of those times – at night and on weekends. Just call and ask for an appointment.

Can an Adrian Philip Thomas, P.A. probate lawyer help me? I don’t live in Fort Lauderdale.

South Florida is home to approximately 5.5 million people and with its intense population and geographical size, clients are sometimes uncertain as to whether the lawyers of Adrian Philip Thomas, P.A. will handle a case in a specific geographical area.

First and foremost, our firm is made up of Florida probate lawyers and the law firm represents clients dealing with probate and estate issues that involve Florida law. They can help clients anywhere in the State of Florida.

However, our firm represents clients who are predominantly from the Tri-County area, which includes Broward, Miami-Dade and West Palm Beach Counties. Broward is comprised of the following cities Coconut Creek, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale Beach, Hollywood, Lauderhill, Lighthouse Point, Margate, Miramar | Oakland Park | Pembroke Pines | Plantation | Pompano Beach | Tamarac | Weston | Wilton Manors. Miami-Dade County has the following cities Aventura | Bal Harbour | Bay Harbor Islands | Coral Gables | Hialeah | Hialeah Gardens | Homestead | Key Biscayne | Miami | Miami Beach | North Miami | North Miami Beach | Pinecrest | Surfside. Palm Beach has the following cities Boca Raton | Boynton Beach | Delray Beach | Greenacres | Highland Beach | Hypoluxo | Juno Beach | Jupiter | Lake Park | Lake Worth | Lantana | Ocean Ridge | Palm Beach | Palm Beach Gardens | Royal Palm Beach | Wellington | West Palm Beach.

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