Winter Park Probate Lawyer

Probate Litigation in Greater Orlando

If you are having trouble with an estate in probate and are searching for quality legal representation, Richard A. Heller, P.A. can help. Our legal team has nearly 60 years of collective experience and we are accredited by the Better Business Bureau with an A+ Rating. Our attorney Richard A. Heller is BV® Distinguished™ Rated by Martindale-Hubbell® for demonstrating a high degree of ethical conduct and legal ability. Committed to client advocacy, we will provide you with aggressive legal representation in your probate dispute.

Probate litigation, also known as estate litigation, has to do with actions brought in court against a decedent's estate. Such actions include creditors' claims and lawsuits. Probate litigation can arise for a number of different reasons; for example, someone lent money to the decedent in a personal loan and files a claim against the estate. A will contest consists of a lawsuit that challenges the validity of all or a part of a will.

Another issue may be how the personal representative is managing their duties. If there is a large enough dispute, it may lead to probate litigation. The personal representative is appointed by the court to distribute the decedent's assets. If the beneficiaries have reason to believe that the personal representative is engaged in a conflict of interest or self-dealing, or squandering the estate assets, they may take their disputes up with the court.

Below are some common causes of probate litigation:

• Claims of undue influence (regarding the will)
• Lack of testamentary capacity (when the will was written)
• The personal representative invests estate assets in risky investments
• Personal representative uses estate assets for their personal benefit
• One of the beneficiaries is receiving the majority of the benefits
• The personal representative is failing in his or her fiduciary duties
• Dispute over who takes over as the personal representative