Probate proceedings do not always run smoothly. With emotions running high and potentially significant amounts of money and property at stake, small disagreements can escalate quickly and become major disputes. Loved ones may say or do things they don’t mean in the heat of the moment, and often end up in litigation. When disputes arise during probate, it is in everyone’s best interests to seek legal guidance.
At Miguelez Law, we assist individuals and families in probate disputes in Miami, FL. In many circumstances, we can guide our clients to amicable resolutions without resorting to the courts. By helping everyone involved understand the law and offering creative solutions that address each individual’s concerns, we seek to protect our clients’ interests as cost-effectively and non-contentiously as possible. However, we also recognize that some probate disputes are destined for litigation, and when necessary, we do not hesitate to fight vigorously for our clients at trial.
Experienced Representation for Florida Probate Disputes
Attorney Emmanuel Miguelez has experienced in representing heirs, beneficiaries, personal representatives and other interested parties in all types of South Florida probate matters. Contact Miguelez Law today to discuss your legal needs regarding:
Estate Litigation is any claims or contests made about the will or estate of a deceased person. There are various parties that may have an interest in an estate, including family members, beneficiaries and creditors. If you believe your estate matter needs to go to court, our firm can help.
Elective Share Disputes
Under Florida law, when one spouse dies, the other is entitled to claim an “elective share” of his or her estate. This is true regardless of the terms of the deceased spouse’s estate plan. If the estate plan calls for the surviving spouse to receive less than 30 percent of the deceased spouse’s estate (the minimum spousal distribution permitted under Florida’s Elective Share Law), the surviving spouse can claim assets that would otherwise be distributed to the decedent’s named beneficiaries. Elective share claims often lead to litigation, and we are experienced in representing parties on all sides of elective share disputes.
In many cases, probate litigation will involve questions about a will’s enforceability. When the decedent executed his or her will, did he or she lack “testamentary capacity”? Was he or she under “undue influence” from a family member or outsider seeking to be written into the will? If you are involved in a will dispute, we can help you seek to enforce or challenge your loved one’s will using all grounds available under Florida law.
Removal of Personal Representatives
Personal representatives owe fiduciary duties to the estate and the estate’s beneficiaries. If you believe that a personal representative is wasting estate assets, failing to adhere to the provisions of your loved one’s estate plan or otherwise failing to meet his or her responsibilities, we can take legal action to enforce your loved one’s final wishes and protect your legal rights.
Talk to a Probate Lawyer at Miguelez Law
If you are facing a probate dispute in South Florida and would like to speak with an attorney, contact the Miami law offices of Miguelez Law. To schedule a free, no-obligation consultation with an attorney, please call (305) 967-7412 or inquire online today.