Search Site
Menu
Probate Litigation

Probate Litigators in Lutz and Tampa Work to Protect Clients’ Rights

Accomplished Florida attorneys represent estates and beneficiaries in disputes

Finding yourself in a conflict over a loved one’s estate can make a difficult situation much worse. Unfortunately, some disputes cannot be avoided, and if you’re concerned that a testator’s instructions might not be honored, a qualified probate litigation attorney can help protect your interests. Located in Lutz and Tampa, Westchase Law P.A. advocates for estate representatives and beneficiaries in Florida probate actions. We are experienced courtroom lawyers and skilled negotiators who assess competing claims promptly and are dedicated to minimizing the time, expense and stress associated with disagreements over the creation, interpretation and execution of wills.

Skillful advocates take on claims relating to allegations of improper conduct

Once a will is filed and a personal representative is appointed, the probate process begins. The representative must serve a copy of the notice of administration on beneficiaries and other parties who might have an interest in the estate. From there, a wide range of disputes can delay the ultimate settlement of the decedent’s assets, including conflicts over:

  • Improper execution — If a question exists regarding a misinterpretation or possible breach of fiduciary duty by the estate representative, we’ll evaluate the relevant language in detail and take prompt action to protect your interests.
  • Undue influence — Family members and others might use improper tactics to coerce someone into a drafting a will that benefits them instead of reflecting the testator’s true intentions. Even if you only suspect that undue influence occurred, our dedicated litigators can investigate to determine if the document can be invalidated.
  • Lack of mental capacity — People sometimes wait until it’s too late to make a will and the requisite mental capacity might not exist to create an enforceable document. This can be a difficult claim to evaluate, so we will advise on similar cases and signs that might persuade the court to determine whether the decedent’s mind was sound when they recorded their wishes.

For these and other probate litigation matters, our lawyers will make every legal effort to see that the directions left by the deceased party are followed.

Hillsborough County lawyers handle claims involving alleged breaches of fiduciary duty

Serving as the personal representative for an estate is a fiduciary duty. This means that an executor or administrator is bound to abide by the terms set forth in the will without regard for their personal interests. Conflicts can arise in these situations because often the representative is also a beneficiary or is related to one or more beneficiaries. Our firm advocates for estate representatives and those challenging wills in litigation relating to determination of heirs, interpretation of the document’s language, accounting disputes, alleged breaches of the fiduciary duty and surcharge actions where the representative can be held personally liable for mismanaging the estate.

Proven legal counselors provide valuable assistance in estate disputes

Relying on the probate court to reach the correct decision during an estate dispute could be very costly. Our attorneys have the legal knowledge and real-world experience to assess how a judge might analyze a set of facts so that you can make an informed decision about how to proceed. It’s important to remember that courts don’t investigate underlying facts, so retaining a knowledgeable probate litigator can ensure that your side of the story is presented effectively. We will also work to negotiate a fair settlement agreement to reduce the amount of time and money you need to devote to your probate conflict.

Contact an experienced Gulf Coast probate litigator to schedule a meeting

Westchase Law P.A. advocates for clients in Florida probate litigation matters and other disputes relating to the distribution of a deceased person’s assets. To learn how we can help you, please call 813-563-1491 or contact us online to make an appointment for a consultation in Lutz or Tampa.

Contact us

Please fill out the form below and one of our attorneys will contact you.

Quick Contact Form

Our Office
  • Lutz Office
    19029 N. Dale Mabry Highway
    Lutz, Florida 33548
    Phone: 813-490-5211
    Fax: 813-463-0187
  • Tampa Office
    12029 Whitmarsh Lane
    Tampa, Florida 33626
    Phone: 813-490-5211
    Fax: 813-463-0187