Estate and Trust Litigation

Florida Estate and Trust Litigation Attorneys

Extensive estate and trust law governs the proper administration of estates and trusts. Fiduciaries who do not have proper legal advice often breach their duties under that body of law and find themselves embroiled in litigation.

Protecting your interests.

At BaumannKangas Estate Law, we help trustees and personal representatives of estates avoid costly and estate-damaging litigation with concrete guidance through the complexities of estate and trust law so that they do not breach their duties. When the damage has been done and unrepresented trustees and estate administrators find themselves facing litigation, they rely on our estate litigation attorneys to resolve disputes with the best possible outcome.

Likewise, we litigate on behalf of beneficiaries and people otherwise interested in an estate or trust when the trustee, personal representative, attorney in fact or other fiduciary has violated a duty.

Litigation may result when a trustee, an estate’s personal representative, a guardian or some other fiduciary:

  • Fails to properly account to the beneficiaries
  • Fails to properly marshal the assets
  • Fails to properly manage the assets
  • Fails to distribute the assets according to their instructions
  • Misinterprets their duties under the governing instrument and under the law

Will and trust contests and interpretation.

Litigation not only results from improper estate or trust administration but from the validity of the will or trust itself. Sometimes questions arise that require a thorough investigation and resolution through litigation.

We represent beneficiaries, trustees, personal representatives, and others in all manner of litigation relating to will contests, trust contests, will interpretation and trust interpretation.

Questions we must consider are:

  • Was the will or trust properly prepared?
  • Was the document executed with the formalities required by law?
  • Did the decedent possess sufficient capacity to sign the will or the trust?
  • Was the decedent under the undue influence of another when the document was signed?
  • Did someone wrongfully act to divert an expected inheritance from one person to another?
  • Is the document clear? Are you sure you can tell the decedent’s intentions by reading the document?
  • Who are the true, intended beneficiaries?

If the answer to any of these questions raises doubt about the validity of the will or trust, we will challenge the document in court to ensure the estate or trust is administered according to the decedent’s wishes. We also will defend trustees and estate administrators against will and trust litigation when another party asserts that the documents are questionable.

Experienced litigation lawyers working for you.

Additionally, we represent decedent’s representatives, beneficiaries, and third parties in other types of cases, including:

  • Creditor’s claims
  • Homestead actions
  • Spousal rights
  • Pre-nuptial agreements
  • Post-nuptial agreements
  • Beneficiary designations
  • Joint bank and brokerage accounts
  • Removal of personal representative
  • Estate tax apportionment

Let Us Help

Your choice of an estate law attorney is vital to successful estate and trust litigation. Contact BaumannKangas Estate Law for a thorough, reliable assessment of your case.

BaumannKangas Estate Law, specializes in estate planning, estate, trust and guardianship administration and estate and trust litigation in Tampa, Sun City Center and throughout Florida.

 

Exceptional service.  Tenacious advocacy.