As a trusted probate and trust litigation attorney families rely on, McKillop Law Firm recognizes the sensitive nature of conflicts among heirs and family members after a loved one passes away. Learn how we are dedicated to protecting your rights and interests through skilled 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 with a probate and trust litigation attorney who will fight for what you deserve. Additionally, our team can intervene on your behalf to take professional and effective steps toward resolution.
When is litigation necessary?
Work with McKillop Law Firm if the following situations arise:
Heirs Dispute the Validity of a Will: 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.
Beneficiaries Contest the Distribution of Assets: Beneficiaries or family members sometimes contest how assets are distributed under the will. They may claim they were improperly disinherited, or that the distribution plan doesn’t comply with the will or Florida law.
Personal Representative Disputes: Family members sometimes disagree over who should serve as personal representative. Florida law resolves this dispute using the will, or, if there is no will, the Florida Statutes.
Disputes Over Personal Representative Actions: If beneficiaries allege 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.
Additional Probate Disputes We Handle:
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 can arise over a spouse’s rights to inheritance. This is especially common when a prenuptial agreement exists, divorce proceedings are underway, or the legal status of the marriage is in question.
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:
Challenges to the Trust: Someone claims the settlor lacked capacity, faced undue influence, or executed the trust improperly.
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.
Removing a Trustee: We pursue removal when a trustee has a conflict of interest, acts incompetently, or fails to follow the trust’s 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.
More Trust Disputes We Litigate:
Modification or Termination of Trust: Legal action to modify or terminate a trust, which might be necessary if circumstances change significantly since the trust’s creation, or if the trust’s purpose can no longer be fulfilled.
Accounting Disputes: Beneficiaries can challenge a trustee’s accounting. This happens when the trustee fails to provide one, or when beneficiaries question the accuracy 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 can arise over how much power a trustee actually holds – for example, over investment decisions, discretionary distributions, or selling trust property. This is especially true when beneficiaries contest those actions.
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