ESTATE LITIGATION

Probate, Guardianship & Trust Litigation

Family members, beneficiaries, heirs, personal representatives of estates, creditors, and others with interests in the estates of Floridians may all be faced with the need to file a lawsuit in order to protect and secure their interests.  Among the many types of Florida Estate Litigation that can be involved are:

Florida Probate Litigation

Florida Guardianship Litigation

Florida Trust Litigation

  • Trust Contests – Undue Influence, Lack of Testamentary Capacity
  • Trust Construction – Challenges to the Trustee – Breach of Fiduciary Duty /Removal of Fiduciary/ Surcharge Action / Accounting
  • Alternatives to a Trust Contest as of 2007
    • Non-judicial Settlement Agreements
    • Trust Modification and Termination
    • Uneconomic Trust Can Be Terminated
    • Trust Reformation
    • Trustee Removal
    • Grounds for Removal
    • If All Beneficiaries Agree, Trustee Can Be Removed

Abuse of the Eldery (exploitation)

Wrongful Death Litigation

If you have a Florida Estate Litigation matter and need legal advice, call the attorneys at the Law Offices of Adrian Philip Thomas, P.A. for a free consultation.

 

 

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FLORIDA PROBATE BLOG

  • What is a Spendthrift Trust?

    A valid spendthrift provision prevents a beneficiary from transferring his or her interest in the trust as well as prevents creditors or assignees of the beneficiary from reaching any of he trust funds until they are dispersed to the beneficiary.

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  • Judicial Modification of Trusts

    Trusts are created for a variety of reasons.  Whether it is for tax and creditor protection or because the beneficiary is still a minor, there may be myriad reasons for their preparation.  Nevertheless, the initial purpose behind the execution of a trust may get lost or become impractical as time passes or the circumstances that were present at [...]

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  • Lost or Destroyed Will

    What happens when the Decedent’s original Last Will & Testament cannot be found? It is well-settled under Florida law that when an original will that is known to have existed cannot be located after the death of the decedent, the presumption is that the testator destroyed the will with the intent to revoke it. In [...]

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