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Fort Myers Estate Planning & Probate Lawyer
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The importance of legal help in probate litigation in Florida

One of the more difficult situations that families will face in Florida has to do with probate issues and the possibility of litigation. It might seem untoward to have to move forward with a legal filing based on these circumstances, but there are times when it is absolutely necessary to protect those involved with the case. This is true whether there are substantial assets in dispute or the estate is one of more modest means. Everyone can use legal help in probate cases. Having legal advice when determining whether a court battle must be waged is one of the keys to settling the matter.

Contesting a will is one reason why this might be needed. It is possible that a loved one wrote and signed a will under duress or without having a full grasp of what he or she was doing. If this is believed to have occurred, then perhaps the will should be deemed invalid. The construction of the will could also be questionable. In certain instances, the family will have a dispute as to how the will is to be interpreted and the wishes of the testator executed. A legal filing might be needed to settle the matter.

Some cases involve personal representatives such as executors who are not believed to be adequate or sufficiently competent to handle the situation. If so, there is the possibility of removing them and having them replaced. Estate creditors and executors can enter into a dispute as to how enforceable and valid debts that the estate owes are. When there is any kind of confusion, concern or disagreement as to probate issues, one of the most important keys is to make sure that the case is handled properly under the law.

Those who are in the midst of a legal dispute over a will, trust or any other method that is used to protect assets in the event that a person dies or has died need to be protected. Discussing the matter with an attorney who specializes in cases such as this in which probate litigation is a possibility is the first step to garnering that protection and seeking a successful outcome.

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