Fort Lauderdale Probate Litigation Lawyer

As experienced courtroom litigators, Edward J. Jennings, P.A. can handle your Florida probate dispute with skill and efficiency. Probate matters are difficult and emotional for many people even where there aren’t any problems with the estate administration. When disputes arise among family members, or allegations of abuse appear, or where there is a great deal at stake in a high-value estate, skilled legal representation is essential to protect your rights and interests in the face of high-conflict litigation. Fort Lauderdale probate litigation lawyer Edward J. Jennings and his associates have more than 40 years of combined legal experience in Florida courtrooms and are ready to help you resolve your probate matter.

Comprehensive Representation for Complex Estate Disputes

Probate and estate litigation covers a wide range of legal conflicts that arise during the administration of a deceased person’s estate. While many probate cases proceed without issue, others involve serious disputes between family members, beneficiaries, fiduciaries, or outside parties. At Edward J. Jennings, P.A., we have decades of experience handling complex probate and estate litigation throughout Fort Lauderdale and Broward County. Whether the conflict involves a contested will, a breach of fiduciary duty, or improper asset transfers, we provide aggressive, results-driven legal representation.

Common Probate and Estate Disputes

Estate litigation can emerge in many forms. One of the most common issues is a disagreement over the validity of a will or trust. Family members who are left out of a will, or who suspect fraud, undue influence, or lack of capacity, may challenge the document through formal court proceedings. On the other hand, beneficiaries named in a will may need to defend the decedent’s wishes against unfair or unsupported challenges. We represent both sides in these sensitive and often emotional cases.

Disputes may also arise over how estate assets are managed or distributed. These cases may involve allegations that a personal representative or trustee has failed to act in the best interest of the estate or trust. Mismanagement, favoritism, or failure to disclose information can all result in costly and time-consuming litigation. We work quickly to identify the source of the conflict, preserve estate assets, and pursue legal remedies through negotiation or litigation.

Will Contests

Wills can be challenged on a number of grounds, including allegations that the testator lacked capacity to make a will at the time it was created, or that the statutory procedures required to make a valid will were not followed. Another common challenge is that the testator was subject to undue influence by a family member or caregiver. These claims are often made in cases where the will was created or modified by someone when they were already advanced in years. Omitted or disinherited heirs are frequently the ones making these claims, especially in cases of blended families where there is a later will that favors the spouse or children of a second marriage. These disputes are further complicated when the testator attempted to devise property subject to the Florida homestead exemption.

Modified or revoked wills, or the existence of multiple wills, can create a complicated legal situation. Whether challenging or defending a will, our probate litigation attorneys provide knowledgeable, incisive representation in the most complex probate matters.

Trust and Beneficiary Disputes

As with wills, trusts are subject to attack on the basis of undue influence in the trust creation, and these attacks are more common when the settlor of the trust was in declining health at the time the trust was created, or if the trust was drafted after a second marriage. Other attacks on the validity of a trust include allegations regarding the settlor’s competency to make a trust, whether the trust was created for a valid purpose, whether the trust contains beneficiaries who are unidentified or unascertainable, and whether the trust designates only one person as the sole trustee and beneficiary.

Probate litigation may also involve actions to remove a trustee for negligence or misconduct and to recoup losses to the estate occasioned by trustee mismanagement. Trustees owe fiduciary duties to the beneficiaries of the trust, including duties of loyalty and impartiality to all beneficiaries, prudence and competence in investments, and avoiding conflicts of interests and self-dealing when handling trust assets. We represent parties in probate litigation involving trustees, including accounting disputes and surcharge actions.

Challenges to Personal Representatives

Like a trustee, a personal representative (executor, administrator) of an estate owes fiduciary duties to the heirs of the estate, and litigation can arise from the alleged violation of fiduciary duties. Problems are most likely to arise when the personal representative is also an heir of the estate. If such a representative takes actions to increase the value of the estate, was this action taken for the benefit of the estate or the benefit of the personal representative? The probate attorneys at Edward J. Jennings, P.A. are experienced in unraveling complicated probate litigation matters such as these.

Trust Litigation and Beneficiary Rights

In addition to probate litigation, our firm also represents clients in trust disputes. Trust litigation often involves disagreements over the interpretation of trust terms, improper investments, or failures to distribute assets to beneficiaries. Florida’s Trust Code provides specific legal protections for beneficiaries, including the right to receive information and accountings from the trustee. When these rights are violated, litigation may be necessary to enforce compliance or seek the removal of the trustee.

Beneficiaries may also need to challenge modifications to a trust, especially when changes were made under suspicious circumstances. We help clients investigate the timing and legality of trust amendments and represent them in court if litigation becomes necessary.

Disputes Over Non-Probate Assets

Not all estate assets go through the probate process. Life insurance proceeds, retirement accounts, and joint bank accounts with designated beneficiaries pass outside of the will. Disputes often occur when beneficiary designations are changed shortly before death, or when multiple parties claim a right to the same asset. We assist clients in resolving these disputes through legal action, mediation, or negotiated settlements.

Creditor Claims and Estate Debts

Creditors have the right to file claims against the estate to recover money owed by the decedent. However, not all claims are valid, and personal representatives have a duty to investigate each one. We help fiduciaries evaluate creditor claims, object to improper demands, and defend the estate’s financial interests. We also represent creditors who have legitimate claims but have been wrongfully denied.

Guardianship and Incapacity Issues

Another area of estate litigation involves disputes over guardianship and incapacity, either before or after death. Family members may disagree about who should serve as guardian, whether a person was legally competent to execute a will, or whether a durable power of attorney was abused. These cases often require medical evidence, expert testimony, and extensive investigation. We are experienced in handling guardianship contests, incapacity claims, and cases involving elder financial exploitation.

Litigation Involving Homestead and Real Property

In Florida, a decedent’s homestead property receives special legal protections, but it can also complicate probate administration. Questions often arise about who has the right to live in or inherit the homestead, whether the home is exempt from creditor claims, or whether it must be sold to satisfy debts. We help clients navigate these issues and resolve real property disputes involving title, ownership, or partition of estate assets.

A Strong Advocate in Every Estate Conflict

Probate and estate litigation is a highly specialized area of law that requires both technical knowledge and a strategic approach. At Edward J. Jennings, P.A., we handle every aspect of estate disputes, from pre-litigation investigations to courtroom trials and appeals. We work closely with clients to understand their goals, evaluate their options, and pursue the most effective path to resolution. Whether the issue is financial, personal, or both, our firm is here to help you move forward with strength and confidence.

Experienced Legal Representation in Broward County Probate Litigation

For help with wills, trusts, probate and estate administration disputes in Broward County, contact Edward J. Jennings, P.A to schedule a consultation with a knowledgeable and experienced Fort Lauderdale probate litigation lawyer.

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