Probate Litigation

Experienced Probate Dispute Lawyers in Boynton Beach, Palm Beach County

Florida Probate Administration is a specialized practice area involving the post death administration and transfer of assets according to a person's Last Will and Testament or under Florida's laws of intestate distribution. The Law Offices of Michael J Lavery P.A. has been practicing probate litigation for over 20 years and has resolved complex probate litigation issues compassionately, quickly and professionally. Probate litigation differs from probate administration in that litigation is generally much more contentious and difficult.

Our clients, who are often seeking to contest the validity of a will by those who are named on the face of the will (i.e. any beneficiary); and those who would inherit from the decedent if the will is found to be invalid. Our objective is to resolve these sensitive and challenging conflicts and to enforce the true wishes of the deceased.

Most Common Grounds for Probate Litigation

The most common grounds for probate litigation are:

  • Undue influence - This is, for example when a friend or family member gained the trust of the deceased and manipulated the person to alter the will in their favor.
  • Lack of testamentary capacity - In the common law tradition, testamentary capacity is the legal term of art used to describe a person's legal and mental ability to make or alter a valid will. Those who contest a will for lack of testamentary capacity must typically show that the decedent suffered from mental unsoundness that left them unable to remember family members, understand their affairs, or caused them to hold insane delusions about them.
  • Breach of fiduciary duty - Under Florida law, a fiduciary duty exists whenever a person places confidence or trust in another person regarding a particular transaction or in financial affairs. Heirs and beneficiaries should be concerned about the possibility of breach of fiduciary duty when they suspect that the executor (trustee, guardian, or personal representative) is paying themselves too much; intentionally pilfering or stealing assets; making poor or improper investment choices; or may be involved in self-dealing in some way.

Contact our Probate Dispute Attorney if you believe that you or a loved one had been swindled out of a rightful inheritance or if you are suspicious of the executor's actions, please contact the Law Firm of Michael J. Lavery P.A. in Boynton Beach for a free case evaluation. Trial lawyer Michael J. Lavery takes on challenging and controversial probate litigation cases often in concert with other attorneys. Please complete the contact us form – click here – and we will respond within 2 business days.