South Florida Probate Litigation Attorneys
Tripp Scott: Client-Focused Thought, Results-Driven Action
No one plans to have their beneficiaries and loved ones fighting over their estate once they've passed on. No one plans to leave their estate in the hands of an executor who will mismanage or abuse their position. No one plans for anything less than a smooth transition. Life does not always go according to plan.
If you are faced with the prospect of probate litigation in Florida — have a better plan. Contact the experience trial lawyers of Tripp Scott in Fort Lauderdale today.
Probate Lawyers: Fort Lauderdale, Florida
The attorneys of Tripp Scott represent executors, guardians, heirs, beneficiaries and other involved parties in various types of Florida probate litigation. This includes serving as local counsel to individuals who reside in other states and to those who make their homes abroad. Our firm has extensive experience with large estates, complex and unusual situations, and with matters involving wills, trusts, guardianships, breaches of fiduciary duty, and other issues. Our strength, and our ability to deliver results, comes from the ability we have to work collectively.
Tripp Scott brings together people who understand the nuances and subtleties of probate law with those who understand those same things in areas of the law such as real estate, tax and finance. We focus these resources to develop integrated and innovative trial strategies that can reduce the overall time and expense of probate litigation.
Will Contests
The minimum elective share of a surviving spouse in Florida is 30 percent of the full value of the decedent's estate, regardless of whether the property and assets are subject to probate. If the deceased spouse's will left the surviving spouse less than 30 percent, the law allows that spouse to bring a legal action to recover the difference.
Other challenges to the validity of a will can be based on a number of different issues. In some cases, a challenge may arise because the will was poorly drafted or lacked the proper signatures. Interested parties may also claim that the testator (decedent) did not have the mental capacity to understand and assent to the terms of the will when it was drafted and signed. Other challenges may be based on coercion or result from previously unknown heirs stepping forward to claim a share of the estate.
Misconduct, Mismanagement and Breaches of Fiduciary Duty
Probate litigation may also result from improper investments, the improper administration of assets or trust funds, fraudulent transfers of assets, excessive compensation being paid to the executor (personal representative), administrator or trustee, and other types of misconduct and mismanagement.
Our attorneys represent clients throughout the state of Florida who are on all sides of these disputes — including heirs, trust beneficiaries, executors, administrators, trustees and other involved parties.
Guardianship Litigation
Abuses of authority granted by the guardianship designation, durable powers of attorney or health care powers of attorney may also give rise to disputes. When these powers are used inappropriately to make major decisions for personal gain or not to the benefit of the incapacitated person, their heirs or their estate — a cause of action against the person abusing those powers can be brought.
Florida Probate and Estate Administration Practice
significant number of probate disputes involve financial misconduct or the improper administration of an estate — trustworthiness is an important factor to consider when planning your estate. The attorneys at Tripp Scott, in Fort Lauderdale, Florida have been earning the trust of their clients for nearly 40 years.
Our firm handles all aspects of the probate and estate administration processes including marshalling the decedent's assets: inventorying and appraising the assets; paying debts to legitimate creditors; and distributing the remainder of the assets in accordance with the decedent's will. We also handle non-probate transfers of assets in compliance with applicable estate tax requirements. Additionally, our lawyers also prepare federal and state estate tax returns and documents required to release liens on a decedent's real estate.
Contact Tripp Scott
To learn more about our probate litigation practice, the probate and estate administration services we provide, and how our firm can help you accomplish your goals — call our Fort Lauderdale, Florida, law offices directly at 954-525-7500 or contact us online to arrange a consultation.
