In cases where a person dies without a valid will governing their probate assets, Florida law determines who should receive those assets through a process known as intestate succession. Cases involving intestate property can become complex, particularly when multiple heirs, blended families, or disputed inheritance rights are involved, and may require the guidance of a probate attorney who specializes inheritance matters.
A probate and inheritance lawyer helps people navigate complex laws associated with probate. This includes estate administration, Intestate Succession laws, and legal disputes.
Legal Disputes Over Inheritance
Legal disputes over the inheritance of a deceased individual is known as estate litigation. These cases usually involve legal action regarding a will or trust. Sometimes when a person passes away, family members may be unhappy with various aspects of the deceased person’s will or trust. Other times a person may die intestate which means without any will or trust in place. In either case, family members should consult an attorney that specializes in handling probate and estate litigation cases as sound legal advice is absolutely necessary in these scenarios.
Common Reasons for Inheritance Disputes in Florida
In Florida, family members may contest a will or trust for a variety of reasons. Some common grounds include:
Improper influence. Sadly, this occurs when a person takes advantage of an elderly or vulnerable person and influences them to change their will or trust to benefit a specific party. In legal terms, this may be considered undue influence when the pressure or manipulation is strong enough to overcome the person’s free will and affect how their estate plan is created or changed.
Lack of capacity. This happens when the deceased was not of sound mind when the will or trust was written. Questions about capacity may arise when the individual was experiencing dementia, Alzheimer’s disease, serious illness, medication effects, or other cognitive impairment at the time the document was signed. Learn more about lack of capacity and how it can affect the validity of a will or trust.
Improper form. Florida law establishes specific requirements for the valid execution of wills and certain trust documents. For example, a Florida will generally must be signed by the testator in the presence of two witnesses, who must also sign the will in the presence of the testator and each other. Failure to comply with applicable execution requirements may provide grounds to challenge the validity of the document.
Failure of the personal representative. If the personal representative of the deceased person does not properly administer the estate, follow the terms of the will, or comply with their fiduciary duties, beneficiaries or other interested parties may have grounds to take legal action. If the dispute involves administration of a trust, those responsibilities generally fall to the trustee rather than the personal representative.
Guardian issues. Inheritance matters can sometimes overlap with guardianship when minor children are beneficiaries of an estate or when questions arise about who will manage property inherited by a minor. Separate family-law or guardianship proceedings may also be necessary when there is a dispute over who should care for a child after a parent’s death. These issues are distinct from a traditional will or trust contest but can arise alongside probate proceedings.
Who Inherits in Florida When There Is No Valid Will?
When a person dies without a valid will governing their probate estate, Florida’s intestate succession laws determine who inherits the property. The surviving spouse may receive all or part of the intestate estate depending on whether the decedent or surviving spouse has descendants from another relationship. If there is no surviving spouse, or if part of the estate does not pass to the spouse, Florida law generally gives priority to the decedent’s descendants, followed by parents, siblings, and more remote relatives.
Because inheritance rights can become more complicated in blended families or when family relationships are disputed, it is important to determine exactly how Florida’s intestate succession laws apply to the estate.
Learn more about Florida intestate succession and who inherits when someone dies without a will.
When Should You Contact a Florida Inheritance Lawyer?
Inheritance matters do not always require litigation, but legal guidance may be important when there is uncertainty or disagreement about an estate. An inheritance lawyer can help beneficiaries, heirs, personal representatives, and other interested parties understand their rights and determine whether legal action is necessary.
You may want to speak with a Florida inheritance lawyer if:
- You believe a will or trust was changed because of undue influence or lack of capacity.
- You have been excluded from an inheritance you expected to receive.
- A personal representative or trustee is failing to properly administer an estate or trust.
- Family members disagree about how estate assets should be distributed.
- Someone died without a valid will and there is uncertainty about who is entitled to inherit.
- Estate assets are missing, being misused, or have not been properly accounted for.
An attorney can review the estate documents, probate filings, and surrounding circumstances to determine what rights and remedies may be available.
Inheritance Administration Process
According to Florida law, after an individual dies, their assets must be identified and transferred according to how they are titled and any applicable beneficiary designations. Assets that are jointly owned, have a beneficiary designation or that are payable on death, do not have to go through probate. However, assets that are titled solely in the decedent’s name without a beneficiary designation generally must go through probate. The length of probate varies depending on the complexity of the estate, creditor claims, disputes among beneficiaries, tax issues, and other factors. Some estates may be resolved relatively quickly, while contested or complex estates can take considerably longer.
Here are the basic steps involved in the administration of inheritance in Florida.
- Depositing the Will With the Court, if one exists
- Filing The Petition for Administration
- Appointing The Personal Representative
- Admitting the Will to Probate, if applicable
- Identifying and Administering Estate Assets
- Distributing Assets and Closing the Estate
Why Hire Di Pietro Partners for an Inheritance Matter?
Inheritance disputes can involve complicated questions about probate, wills, trusts, fiduciary duties, and family rights. Di Pietro Partners represents beneficiaries, heirs, personal representatives, trustees, and other interested parties in both contested and uncontested inheritance matters throughout Florida.
Decades of Probate & Estate Litigation Experience
Our attorneys have extensive experience handling probate disputes, will contests, trust litigation, fiduciary-duty claims, and other inheritance-related matters.
Trial-Ready Representation
Some inheritance disputes can be resolved through negotiation or mediation, while others require litigation. Our attorneys have significant courtroom experience and are prepared to take complex estate disputes to trial when necessary.
Representation on Both Sides of Estate Disputes
We represent individuals challenging the administration or distribution of an estate, as well as personal representatives, trustees, and other fiduciaries defending their actions. This gives our team experience evaluating inheritance disputes from multiple perspectives.
Statewide Florida Representation
We assist clients throughout Florida, including beneficiaries and heirs who live outside the state but have an interest in a Florida estate or trust.
Se Habla Español
Hablamos español y podemos ayudarle con asuntos de herencias, sucesiones, testamentos y fideicomisos en Florida.
Our team assists Spanish-speaking clients with Florida probate, inheritance, and estate matters and can help explain the legal process throughout the administration or dispute.
Speak With An Estate & Inheritance Lawyer
Our law firm has extensive trial experience handling Florida probate, inheritance, and estate litigation matters. We represent beneficiaries, heirs, personal representatives, trustees, and other interested parties in disputes involving wills, trusts, estate administration, and inheritance rights.
Whether you are concerned about how an estate is being administered, believe a will or trust should be challenged, or are facing a dispute over your inheritance, our attorneys can evaluate the circumstances and explain the legal options available to you.
If you have issues involving the inheritance of a deceased family member, contact Di Pietro Partners to speak with a Florida inheritance lawyer and request a free and confidential case review.