Fort Lauderdale Probate Lawyer
Helping individuals and families throughout Broward County in probate litigation, real estate, commercial litigation, family law and business law.
There are times in your life when you become involved in a legal matter or dispute that requires formal legal intervention to resolve. When that time comes, you need the help of qualified, experienced and successful attorneys who will fight for you. That is what you will find at the law office of Edward J. Jennings, P.A. in Fort Lauderdale. We are here for you, and we will fight for you to protect your rights, protect your interests, and help you get the goal or resolution you desire. Contact our Fort Lauderdale probate lawyers today for more information or assistance.
Many disputes can be settled without going to court, but this is not always the case. By fully litigating your dispute, we find a way to settle matters where agreement can be reached, and seek a judicial resolution when they can’t. Either way, you can rest assured knowing that your rights are interests are being fully protected and looked after, and that your goals will be achieved to the greatest extent possible.
Our broad legal practice includes representing parties in the resolution of a wide variety of disputes, including all of the following:
- Probate – As with divorce and child custody disputes, probate litigation has the potential to be highly contentious and emotionally charged. Trust us to provide sound, reasonable advice and aggressive representation in will contests, beneficiary disputes, and challenges regarding fiduciary duties of the personal representative.
- Real Estate – Real estate disputes can arise at any stage of a real property transaction or at any time during property ownership. Count on Edward J. Jennings, P.A. to look out for you in contract disputes, condominium disputes, evictions, foreclosures, quiet title actions and other matters involving residential or commercial property.
- Business Law – Our experienced business litigators handle the full range of business disputes, including breach of contract, business torts, corporate matters, employment law and more.
- Family Law – Our comprehensive family law practice includes representation in paternity and dependency actions, domestic violence and accusations of abuse, and the complex Florida adoption process.
- Divorce – Every party to a divorce action needs to be fully and fairly represented, often in the face of inherent biases. We fight for mother’s rights, father’s rights and children’s rights in Florida divorce actions, as well as post-divorce modification or relocation requests.
Our firm’s success is measured by the long-term relationships we have maintained with our clients over the years. Most of our practice comes through referrals from clients who have firsthand experience working with our firm. Moreover, when those clients have a need for legal services in another area in their life, their first call is to our firm to see how we can help them. We value the trust our clients place in us, and we remain committed to providing the utmost legal service that we are capable of providing.
Understanding Probate Litigation in Fort Lauderdale
Probate litigation refers to legal proceedings related to resolving disputes over the administration of an estate after a loved one has passed away. Florida law governs the formal process of probate, including how wills are validated, how personal representatives fulfill their duties, and how heirs or beneficiaries may contest the process. Probate matters often become contentious when multiple parties have competing claims against the estate or when there are suspicions of undue influence, lack of testamentary capacity, or improper conduct by a fiduciary.
Probate and estate litigation in Florida can involve a wide range of disputes, including:
- Will contests: Challenges to the validity of a will based on allegations of undue influence, fraud, improper execution, or lack of mental capacity.
- Breach of fiduciary duty: Claims against personal representatives or trustees who fail to act in the best interests of the estate or beneficiaries, such as mismanaging assets or self-dealing.
- Trustee duties: Disputes involving trustees who fail to carry out the terms of a trust, act impartially, or manage trust assets responsibly.
- Personal representative duties: Issues related to improper administration of the estate, including failure to pay debts, misdistribution of assets, or lack of transparency.
- Notice of proceedings: Litigation arising from the failure to properly notify interested parties, which can affect the validity or fairness of probate actions.
- Probate and estate disputes: Including contested guardianships, title or ownership disputes, claims from omitted heirs, and disagreements between beneficiaries.
Litigation may involve challenges to a will based on the testator’s mental state at the time of signing or accusations that the process did not comply with Florida statutory formalities. Another frequent issue involves allegations of undue influence, particularly in cases where substantial assets or sudden changes in estate planning are in question. At Edward J. Jennings, P.A., our Fort Lauderdale probate litigation lawyers navigate these complexities with comprehensive procedural knowledge and well-honed trial preparation.
When probate disputes arise in Broward County, the experience and tenacity of your legal counsel can make all the difference. At Edward J. Jennings, P.A., our probate litigation practice draws upon decades of courtroom advocacy and appellate experience, guiding clients through emotionally charged estate proceedings with clarity and resolve. From will contests to fiduciary disputes, our commitment is to help clients protect their rights and achieve fair outcomes with skill and professionalism.
The Probate Litigation Process in Florida
The process typically begins when a will is submitted for probate and an appointed personal representative begins administration of the estate. Interested parties may challenge the will or contest the representative’s conduct within prescribed time limits. Discovery may include document requests, depositions, and expert testimony regarding capacity or influence. Pretrial motions may address evidentiary or procedural issues such as standing or statute of limitations. If the case proceeds to trial, the court will determine the validity of the will, the appropriateness of the representative’s actions, and the correct distribution of assets. If necessary, we are also prepared to argue the case before Florida’s district courts of appeal.
Common Legal Issues in Probate Litigation
Florida probate litigation often centers on several key legal issues. If a will fails to meet the statutory execution requirements or if there is credible evidence the testator lacked capacity, courts may invalidate or reform a testamentary document. Undue influence claims can arise when beneficiaries exert pressure or manipulate vulnerable individuals. Disputes may also involve breach of fiduciary duty by a personal representative in relation to estate assets or distributions. Contested guardianships or allegations of abuse during administration can also escalate to litigation. When these issues arise, the guidance of seasoned litigators can prevent further harm and secure fair resolution.
Why Our Approach Matters
Our firm offers more than just knowledge of probate statutes, we deliver decades of courtroom experience. Edward J. Jennings and his associates bring cumulative experience including trial-level litigation, appellate advocacy, and deep familiarity with Florida’s civil procedure and evidence rules. That means when your probate matter cannot be resolved through negotiation or mediation, you can trust us to stand firm in litigation. We guide clients through each phase of the dispute, from initial pleadings, discovery, and evidentiary hearings, through trial and, if necessary, appeal.
We understand that probate disputes are often highly personal and emotionally taxing. Whether the conflict involves challenges to a will or concerns about a personal representative’s decisions, we prioritize clear guidance and thoughtful counsel. We are mindful of the heightened sensitivity of probate matters and strive to protect both your legal interests and family relationships to the greatest extent possible.
Fort Lauderdale Probate FAQs
Can a will be challenged based on technical errors?
Minor technical errors alone are typically not enough to invalidate a will. However, if those errors are accompanied by concerns about mental capacity, improper execution, or undue influence, a court may consider a challenge.
What are the duties of a personal representative?
A personal representative must act in the best interests of the estate and its beneficiaries. Duties include gathering assets, paying debts and taxes, providing accurate accountings, and distributing assets according to the will or Florida law.
How long does probate litigation take?
The timeline varies depending on the complexity of the dispute, the number of interested parties, and the court’s schedule. Simple matters may resolve in a few months, while contested cases or appeals may last a year or longer.
Is mediation available in probate disputes?
Yes, many probate cases can be resolved through mediation. This process allows parties to negotiate a resolution outside of court, which can be more efficient and less emotionally taxing than litigation.
What if a family member exerted pressure on the decedent?
If someone unduly influenced the decedent into making changes to a will or trust, that document can be challenged in probate court. These cases often involve elderly or ill individuals who were isolated or dependent on the influencer.
Can a personal representative be removed?
Yes, if a personal representative fails to act in accordance with their duties, a court may remove them. Grounds for removal may include mismanagement of estate assets, conflicts of interest, or failure to comply with legal requirements.
What happens if there is no will?
If someone dies without a valid will, their estate will be distributed under Florida’s intestacy laws. This typically means assets are divided among surviving spouses, children, or other relatives in a set order.
Can I contest a will if I was left out of it?
Possibly. If you were an expected beneficiary or had a prior interest, and you believe the will is invalid due to undue influence or incapacity, you may have standing to challenge it in court.
Trust Edward J. Jennings, P.A. with Your Probate Dispute
From will contests to fiduciary claims, Edward J. Jennings, P.A. offers reliable and compassionate representation throughout Fort Lauderdale and Broward County. Our firm combines personal attention with a strategic litigation approach to protect your rights during probate. If you are facing a complex estate dispute, contact us today to schedule a consultation and find out how we can help you achieve a just and equitable resolution.
- Coral Ridge
- Victoria Park
- Rio Vista
- Las Olas Isles
- Harbor Beach
- Colee Hammock
- Lauderdale Beach
- Tarpon River
- Central Beach
- Flagler Village
Contact Our Experienced Fort Lauderdale Probate Attorney Today
Let us help you with your legal needs in Broward County probate litigation, family law, business law, or real estate. Call Edward J. Jennings, P.A. to schedule a consultation with one of our experienced and dedicated Fort Lauderdale probate attorneys, and find out how we can help you resolve your legal dispute.
