Probate litigation can be very difficult for a family, especially if you have just lost a loved one. When you challenge the claims of a family member during probate litigation proceedings, these emotional obstacles can get even more complicated.
Given the nature of these proceedings, it is no wonder why these disputes can quickly get out of hand when they involve disagreements over estates, wills, inheritances, guardianship, and other probate-related factors. Fortunately, you do not have to go through this process alone.
A Gainesville probate litigation lawyer from Bogin, Munns & Munns can offer legal guidance throughout any ensuing litigation proceedings you may be facing. Ultimately, our attorneys can use their understanding of Florida probate law to help you protect your interests in these cases.
If a loved one has recently passed away without explicitly dictating their wishes for their estate, many complicated legal concepts may arise. Rather than trying to navigate these legal channels on your own, our attorneys can help ease the burdens you are facing, allowing you to rest easy knowing that a team of probate litigation lawyers is in your corner.
To learn more about what a probate litigation lawyer can do for you and your family, contact Bogin, Munns & Munns today for a consultation with a team member.
Aspects of Probate Law
Regardless of any litigation that may result from an individual’s unclear estate planning, probate law mainly deals with aspects like:
- Addressing any leftover debts and outstanding taxes owed by the departed
- Dividing and distributing the property in accordance with the specifications of the will, including life insurance policies, monetary holdings, and more
- Enacting measures detailed under Florida probate law, as the result of important specifications being left out of the will
- Documenting the properties previously owned by the departed before their passing
- Assigning a value to these properties
- And more
Aspects of probate law that frequently result in litigation are:
- Guardianship
- Determining the executors of the deceased party’s estate
- Disputes over potential inheritances or rights to property
- The validity of any wills left by the deceased
- And more
To consult with an experienced probate litigation lawyer serving Gainesville
855-780-9986
Understanding Your Rights as the Immediate Family of the Deceased
Even if the departed did not leave any documented inheritance to their spouse and children, they may still be awarded a share of the estate. As detailed under Florida Statutes §732, Florida’s homestead laws are unique in that they aim to protect immediate family members from being totally disinherited, although it is still possible for the children of the deceased party to be disinherited if they are of legal age.
Further, the immediate family members of the deceased may ask the court to give them access to funds to help them financially support themselves while the probate litigation process moves forward.
Examining the Probate Litigation Process
Generally, the timeline of events leading up to probate litigation may look something like this:
- When the party passes away, the executor of their estate will then provide documentation to the probate court system, including paperwork dealing with the verification of the deceased’s last will and testament, as well other applicable probate factors
- Once the family is informed of these filings, they may elect to undergo probate litigation if they feel they have not been justly treated
- Before the litigation begins, the respective parties may hire attorneys to represent their affairs. While attorneys are not required in probate law litigation, many parties choose to retain legal counsel so they can feel comfortable heading into such an important event
- Probate litigation proceedings will begin
As detailed by The Florida Bar, numerous entities may be involved during probate litigation proceedings, including:
- Legal counsel brought on to represent their client during the probate litigation process
- Third-party debt-collectors present at the proceedings so they can attempt to recover the debts they are owed from the deceased’s estate, including medical bill collectors, the Internal Revenue Service (IRS), and more
- The presiding circuit court judge
- The executor of the deceased’s estate
- The clerk of the local circuit court related to the area where the deceased lived before their passing
- And others
To learn more about being represented by a Gainesville probate litigation lawyer from Bogin, Munns & Munns in your probate litigation process, reach out to a representative of our firm today.
Gainesville Probate Litigation Lawyer Near Me
855-780-9986
Probate Litigation Attorneys Ready to Take Your Case in Gainesville
Here at Bogin, Munns & Munns, we know that a Gainesville probate litigation lawyer has the potential to mean much more to families than simple legal counsel during this turbulent period in their lives. That is why we want potential clients to know that our attorneys sympathize with the difficult position you find yourself in, and we will do everything in our power to help make these probate litigations as painless as possible for you.
Allow us to guide you through the litigation process, while also using our knowledge of Florida probate law to inform you of your options and help you decide on a legal strategy. We can evaluate all aspects of the deceased party’s will and estate and provide you with direct legal advice regarding your situation.
By acting as your legal representative, we can communicate with all parties on your behalf. We can also manage the deadlines and paperwork in your case. We can answer your questions and keep you informed of the progress on your case during this time so you can focus on moving forward with your life.
To learn more about our services and how we may be able to help you, contact a Bogin, Munns & Munns team member today.
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