Probate and Trust Litigation

Area of Practice: Probate and Trust Litigation

 

Assisting clients in Sarasota and Charlotte Counties with Probate Litigation and Trust Litigation Challenges

At the Law Offices of Bryan S. Kessler, P.A., we are able to assist you and your family with challenges involving probate and trusts. While an effective estate plan lays out clear instructions and can prevent many issues that arise during probate, an attorney may be needed if there are questions, or challenges to the will from outside entities, or if a misrepresentation happens.  Bryan S. Kessler, P.A. can help you with all matters of Probate and Trust Litigation.

What is Probate and Trust Litigation? This is an area of the law which allows individuals, families, and beneficiaries to have representation with contested wills, estate administration, improper investments of the trust, interpretation of questionable trust provisions, and the reformation and confirmation of a trust. Below is more information about the various types of issues we can help you with that are included in Probate Litigation and Trust Litigation.

 

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Probate Litigation

The area of Probate Litigation covers various contested issues that stem from probate. Many of the cases we see in the area of Probate Litigation stem from concerns about the capacity or mental state of the trustmaker, or concern if there was any duress or undue influence being put on the trustmaker at the time of executing the will, dead, or any other legal instrument that affects their interest in property or assets. The main issues then are capacity, undue influence, and duress. Other areas covered by Probate Litigation are shown below.

  • Common Probate Litigation Challenges
  • • The validity of a deceased last will and testament
  • • Interpreting the actual terms of a will that is not clear
  • • Prenuptial and Postnuptial Agreements
  • • Breach of Fiduciary Duty by the Representative
  • • Fiduciary or Attorney Fees that are excessive
  • • Claims by creditors
  • • Irregular accounting practices
  • • Capacity of the deceased
  • • Undue Influence
  • • Duress

Trust Litigation

While similar to many of the same challenges that arise in probate, trust litigation involves independent civil action, which needs to be filed with the courts for the jurisdiction of the court to take effect. Florida trust administration is not supervised by the courts, so it becomes the duty of the beneficiaries to ensure that the trustee is being responsible in his duties while lawfully heeding the terms of the trust. At the Law Firm of Bryan S. Kessler, P.A., we can help you review the annual accounting report, which allows the beneficiary the opportunity to review the work of the trustee.

  • Common Trust Litigation Challenges
  • • Fiduciary Duty
  • • Terms of the Trust
  • • Investment Standards
  • • Distributions
  • • Accounting
  • • Taxes
  • • Payment of Expenses by Trustee
  • • Payment to the Trustee
  • • Professional Fees
  • • Discretion by Trustee