Individuals create and execute their estate plans in order to provide detailed instructions for their beneficiaries on how to distribute their estate after they are gone. This plan is usually designed to eliminate potential disputes between beneficiaries. However, they are not always successful. When individuals enter into a dispute during the estate or trust administration process then litigation becomes necessary to resolve these disputes so that the estate or trust administration can be completed. If a dispute arises please contact our firm for advice on how to proceed. Though litigation can be expensive, it is important to understand your options and be represented by competent counsel.
Frequently Asked Questions
When can a Will be contested?
There are a number of circumstances that can cause a Will to be contested including:
(1) Improper execution of the will;
(2) If the Testator was unduly influenced into signing a will;
(3) If the Testator lacked testamentary capacity;
(4) If the Will was handwritten and does not meet the Florida rules and standards applying to handwritten wills;
(5) If a dispute arises between beneficiaries;
(6) If the Will was procured by fraud; or
(7) If the will was the product of an insane delusion.
Contact us if you think that you might have grounds for contesting a will.
Can a Personal Representative or Trustee be removed?
A Personal Representative can be removed for any of the following reasons:
(1) If the Personal Representative is incapacitated;
(2) If the Personal Representative fails to comply with any order of the court, unless such order has been superseded on appeal;
(3) If the Personal Representative fails to account for the sale of estate property or produce and exhibit the assets of the estate when so required;
(4) If the Personal Representative wastes assets within the estate;
(5) If the Personal Representative is convicted of a felony;
(6) If the Personal Representative is insolvent; or
(7) If the Personal Representative has adverse interests against the estate that may interfere with the administration of the estate.
A Trustee can be removed for any of the following reasons:
(1) If the Trustee committed a serious breach of Trust;
(2) If there is a lack of cooperation between Co-Trustees that substantially impairs the administration of the Trust;
(3) If the actions of the Trustee cause the court to determine that removal of the Trustee best serves the interests of the beneficiaries; or
(4) If there has been a substantial change in circumstances or removal is requested by all the qualified beneficiaries.
Contact us if you think you have grounds to have a Personal Representative or Trustee removed.