McKillop Law Firm recognizes the sensitive nature of the conflicts of heirs and family after a love one passes away. Learn how we are dedicated protecting your rights and interests with probate and trust litigation.
Probate & Trust Litigation
We handle a range of contentious matters, including:
- Breaches of fiduciary duty by a personal representative or trustee
- Challenges to distribution of assets
- Claims of undue influence and fraudulent transfer
- Third-party claims on behalf of, or against, an estate
- Other inheritance-related controversies
Contact us to discuss your legal concerns and help fight for what you deserve. Our team can intervene on your behalf to take professional and effective steps to a resolution.
When is litigation necessary?
Work with McKillop Law Firm if the following situations arise:
Validity of a Will is Disputed: When heirs or interested parties challenge the authenticity, validity, or execution of a will, alleging factors like undue influence, lack of testamentary capacity, or fraud.
Distribution of Assets is Contested: If beneficiaries or family members contest the distribution of assets as outlined in the will, claiming they were disinherited improperly or that the proposed distribution plan does comply with the will or with Florida law.
Personal Representative Disputes: When there’s disagreement over who should be appointed as personal representative of the estate in accordance with the will or, if there is no will, according to Florida Statutes.
Disputes Over Personal Representative Actions: If there are allegations that the personal representative is mismanaging estate assets, breaching fiduciary duties, or has a conflict of interest.
Ambiguities in Will Provisions: When the language of the will is ambiguous or unclear, leading to disputes about how assets should be distributed or how certain conditions should be interpreted.
Claims by Creditors: If creditors of the deceased file false or untimely claims against the estate, and these claims are contested by the estate or beneficiaries.
Intestate Succession Issues: When someone dies without a will (intestate), and disputes arise among potential heirs regarding inheritance according to state law.
Disputes Among Heirs: Conflicts between heirs over who inherits what, especially when there are significant assets or complex family dynamics involved.
Spousal Rights: Disputes over spousal rights to inheritance, particularly in cases where there’s a prenuptial agreement, divorce proceedings underway, or questions about the legal status of the marriage.
Challenges to Trusts: Litigation can occur when trusts associated with the estate are contested for reasons similar to wills, such as undue influence or improper trust administration.
Work with McKillop Law Firm if the following situations arise:
Trust Contest: Challenges to the validity of the trust due to claims of lack of capacity, undue influence, fraud, or improper execution by the settlor.
Ambiguities in Trust Language: Disputes from unclear or ambiguous terms within the trust document, leading to disagreement on how assets should be managed or distributed.
Trustee Misconduct: Allegations that the trustee has breached their fiduciary duties, including mismanagement of trust assets, self-dealing, or failure to act in the beneficiaries’ best interests.
Removal of Trustee: Litigation to remove a trustee for reasons such as conflict of interest, incompetence, or failure to administer the trust according to its terms.
Beneficiary Disputes: Conflicts among beneficiaries concerning their rights, the interpretation of trust provisions, or the distribution of assets, especially if the trust document lacks clarity.
Modification or Termination of Trust: Legal action to modify or terminate a trust, which might be necessary if circumstances have changed significantly since the trust’s creation, or if the trust’s purpose can no longer be fulfilled.
Accounting Disputes: Challenges to the trustee’s accounting, where there has been a failure to make an accounting, or the beneficiaries question the accuracy or completeness of financial reports and trust expenditures.
Claims by Creditors: Situations where creditors attempt to reach trust assets, particularly with revocable trusts where the settlor is still alive, or in specific cases with irrevocable trusts depending on state law and trust design.
Trustee Succession: Disputes over who should succeed as trustee if the original trustee becomes incapacitated or dies, or if there’s no clear successor named in the trust agreement.
Interpretation of Powers: Litigation over the extent of powers granted to the trustee, such as investment decisions, discretionary distributions, or the sale of trust property, especially if these actions are contested by beneficiaries.
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