Practice Areas » Florida Trust and Probate Litigation

Florida Trust &Probate Litigation

Trust and probate litigation often involves disputes between and among family members. Probate is the legal process through which a deceased person’s debts are paid and assets are distributed. A representative of the estate is appointed by the court or by the deceased in his/her last will and testament. The representative sees to it that the assets of the estate are appropriately distributed and that the decedent’s debts are paid. A trust, on the other hand, is usually created by a living person who wishes to avoid the probate process by moving his/her assets into a trust naming his/her heirs as the beneficiaries. A trust can be created before a person passes away or it can be created upon the person’s passing pursuant to his/her last will and testament. Regardless of what type of trust is created, a trustee is appointed to manage the assets of the trust for the benefit of the beneficiaries. Both a representative of an estate and a trustee owe certain duties to the beneficiaries of the estate or trust and most litigation arises from the mismanagement of trust or estate assets. To learn more about the duties of trustees and representatives read our blog by clicking here.

Our Experience in Florida Trust & Probate Litigation

The Boatman Law Firm helps families navigate the often confusing and precarious process of probate and trust litigation. Whether you are the beneficiary of a trust or estate and believe the representative or trustee is failing to meet his duties to you or you are the representative or trustee and have been sued by the beneficiaries for breach of your duties to them, the Boatman Law Firm has the experience and the knowledge to assist you. The Boatman Law Firm’s team brings years of litigation experience to every case giving you peace of mind that we are doing everything we can to advance your interests and manage your lawsuit professionally and effectively.

Our Approach to Florida Trust & Probate Litigation

Trust and probate litigation is often more difficult than other litigation because it usually involves family members on both sides of the lawsuit. The Boatman Law Firm is Truth Guided in its approach, believing that objective truth brings clarity to even the most difficult of situations. We strive to help all parties to the litigation see the truth of the situation, believing that this not only creates leverage in litigation but also leads to the best outcome for families in difficult trust and probate disputes.

The Boatman Law Firm is also Relationship Driven, recognizing that in this most sensitive and difficult time our clients need the full support of our staff and attorneys. Although we recognize that litigation can deeply strain family relations, we strive to design creative litigation strategies and solutions that will help families move on from the conflict surrounding the trust and probate litigation. To schedule an initial consultation, contact us online or call us at (239) 330-1494.

Practice Areas
  • Will and Trust Contests
  • Breach of Fiduciary Duty of a Trustee
  • Breach of Fiduciary Duty of a Personal Representative
  • Failure to Account
  • Lack of Capacity
  • Undue Influence
  • Elective Share Litigation
  • Determination of Heirs
  • Self-Dealing
  • Mistake in Execution
  • Will Construction
  • Intentional Interference with Expectancy
  • Tortious Interference in Estate Planning