Oversights, errors, and efforts to profit from an estate could demand a will contest. Though the estate administrator is supposed to be a trusted loved one, greed and an attempt to preserve what is left of the deceased drive people to do unlawful things, such as stealing from the estate and leaving others out of it. When this occurs, it is referred to as a breach of fiduciary duty, and it can leave others bereft of what is rightfully theirs. If you suspect that an administrator is abusing his or her power of the estate, reach out to our Fort Lauderdale probate litigation lawyers at the office of Edward J. Jennings, P.A., to discuss your legal options today.

Breach of Fiduciary Duty 

At its most basic, a breach of fiduciary duty is a breach of trust. Your deceased loved one choose someone they knew well and trusted to manage and distribute the estate according to their wishes. When an executor fails to comply with a testator’s wishes, whether by mistake or in his or her own self-interest, he or she is guilty of both a breach of trust and a breach of fiduciary duty. When this happens, the courts must step in and intervene.

When a Breach is Unintentional 

Managing an estate is an overwhelming responsibility, one that even the most competent individuals have trouble with. However, even the most competent individual may struggle with the details and demands of estate management during the grieving period. Because of this, mistakes happen. If a breach of duty occurs because of a mistake, resolving the matter may be as simple as pointing out the error and asking the trustee to correct it. However, depending on the scope of the mistake and whether or not the mistake was caught before or after the estate was distributed, the process may require court intervention.

When a Breach is Intentional 

Unfortunately, just as many breaches stem from greed as they do from mistakes. Some administrators hide or steal assets to either keep for themselves or to sell for a profit once the estate closes. Other times, a trustee intentionally sells an item for far below its market value to a beneficiary for the purpose of splitting the profit with them later on. Intentionally breaching one’s fiduciary duty is illegal and does require court intervention. If the beneficiaries choose to, they can file a claim against the trustee for compensatory and punitive damages.

Contact a Lawyer When a Breach Occurs 

If you believe that a trustee is misusing his or her power over a deceased loved one’s estate, reach out to a Fort Lauderdale probate litigation attorney right away. The longer you wait to draw attention to the issue, the greater the likelihood that the valuable and treasured assets end up in the wrong hand. Protect your loved one’s estate and contact the office of Edward J. Jennings, P.A., today.

Resource:

floridabar.org/news/tfb-journal/?durl=%2Fdivcom%2Fjn%2Fjnjournal01.nsf%2F8c9f13012b96736985256aa900624829%2Fa90812c2b64922f9852576d5007366ed

If you want to challenge a loved one’s will but are not sure how to go about doing so (or even if you have the right to), reach out the to the knowledgeable Fort Lauderdale probate attorneys at the office of Edward J. Jennings, P.A., to learn more about your rights. Not everyone can challenge a will, so the first step to ensuring justice for you and your family is to establish who of you can contest a will and who cannot.

Who Can Challenge a Will? 

To many people’s surprise, very few people can challenge a will in Florida. Those people are as follows:

• Those Named in the Will: Individuals who are named in the will have the legal right to contest it if they see fit to do so. This includes charities and any organizations that stand to benefit from the inheritance, as well as any pets named. However, it does not include beneficiaries who have passed away.
• Those Who Would Qualify as an Heir: If, under state law, a person would qualify as an heir if the testator but if they were not included in the will, he or she would have the legal right to contest the will.
• Those Named in a Previous Will: If the testator named a person in a previous will, but then drafted a new will and excluded them, they would have the option to challenge the new will and the motivation behind the change. However, in order to do so, they must prove that the previous will was valid.
• There is a Presence of an Exclusion: If a testator disinherits someone out of his or her estate plan, the person disinherited will be given the opportunity to contest the will and determine whether or not the disinheritance is valid. In many situations, instances of exclusion are the result of undue influence or lack of capacity.

If you are any of the aforementioned individuals and if you believe that you have valid grounds to contest a will in Florida, you have the legal rights to do so.

Challenging a Will That States That Anyone Who Challenges Will be Cut Out 

Some testators will include a clause that states that anyone who challenges a will can be cut out of it. In Florida, this type of clause is invalid. Under Florida Statute §732.517, “a provision in a Will purporting to penalize any interested person for contesting the Will or instituting other proceedings relating to the estate is unenforceable.” If your loved one’s will includes any such provision, you do not have to worry about losing your inheritance if you raise an issue.

Consult Your Local Probate Litigation Attorney 

If you believe that you have the grounds to contest a will in Florida, reach out to the Fort Lauderdale probate litigation lawyers at the office of Edward J. Jennings, P.A. to schedule a consultation today. We can hear your claims and help you decide if contesting the will is a good idea and, if so, how to go about doing so in a timely and cost effective manner.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.517.html