Naples Probate Litigation Lawyer

When disputes arise during the probate process, it is critical that you have an experienced probate litigation attorney in Naples on your side who can advocate for your rights and best interests. At Vernon Litigation Group, we represent clients in a range of probate disputes and estate litigation matters, including executor disputes, mishandling of assets, mistakes in execution, and more.

Since 2008, we have been providing dedicated legal advocacy for clients throughout Southwest Florida, finding custom legal solutions to even the most complex of challenges. Our Naples probate litigation lawyers are prepared to protect your rights, whether in or out of the courtroom.

Continue reading to learn more, or contact us online or by phone at (239) 319-4434 for a free, no-obligation consultation.

What Is Probate?

Probate is the process of executing a last will and testament, including distributing assets, paying outstanding debts, and handling all other related matters after the owner of the estate passes away. Probate involves court oversight, but it does not always involve litigation. Probate litigation typically arises when there is a dispute regarding some aspect of probate, such as the validity of a will or the appointment of an executor (or “personal representative”).

Probate proceedings can be complex and emotionally challenging, often requiring impartial intervention to ensure fair distribution and compliance with Florida laws. This is where a knowledgeable attorney becomes invaluable, guiding you through each step to prevent unnecessary stress and costly errors.

Do All Estates Go Through Probate in Florida?

Not all estates pass through probate in Florida—but many do. Any time the deceased has any asset without a named beneficiary (or heir), the estate must go through probate. This includes when the deceased passes away without a will and his or her assets are not subject to intestate (familial) succession or when the deceased passes away with a will but not all of his or her assets’ beneficiaries are clearly outlined or named in the will or any other estate document.

Additionally, not all assets must go through probate in Florida. Some assets that are generally exempt from probate include:

• Assets, including real estate properties and bank accounts, held in joint tenancy
• Assets with a designated beneficiary, such as life insurance or retirement accounts
• Any assets held in a living trust or another type of trust with a designated trustee

Additionally, an estate may avoid probate when the deceased did not own any real estate property and all assets are exempt from creditors and are less than the costs of reasonable medical expenses provided to the deceased in the 60 days prior to death and funeral expenses (collectively referred to as “final expenses”).

Understanding these nuances and identifying whether an estate qualifies for streamlined processes, such as summary administration, can save time and expense, making the probate journey smoother for all parties involved.

Common Examples of Probate Litigation

Probate litigation may be necessary when a dispute arises over the management or distribution of the estate.

Some of the most common causes of estate litigation include:

• Contested Wills: When a person wishes to contest a will—whether it is an heir, a creditor, or another party—this can lead to litigation. Contested wills may involve various issues, such as undue influence, improper signing, duress, lack of mental or testamentary capacity, intentional interference with testamentary expectancy, and more.
• Unclear/Improper Wills: A vague, outdated, or improperly constructed will can also lead to probate litigation. This might be the case when the will does not correctly or fully cover all assets and their distribution or when named beneficiaries have died or cannot be contacted. When this occurs, court assistance may be required for proper estate administration.
• Determination of Heirs: Probate litigation can arise when the deceased’s heirs are not clear. This might be the case when the deceased has little or no contact with children or family or when unknown/unacknowledged children make claims to the estate. Such instances typically require proving paternity or maternity.
• Breach of Fiduciary Duty: When the personal representative fails to properly administer the estate, whether by taking wrongful actions or failing to take required actions, they can be subject to breach of fiduciary duty actions. Such cases might include mismanaged funds, excessive administration fees, and other similar wrongdoings.
• Elective Share Litigation: In Florida, surviving spouses have a right to claim 30% of an elective estate in most cases (one exception includes the existence of a pre-marital or post-marital agreement). Surviving spouses who are being blocked from claiming their rightful percentage of the estate may have grounds for litigation.

At Vernon Litigation Group, our Naples probate estate litigation lawyers are well-versed in common and less-common probate disputes and related litigation matters. We only represent victims of wrongdoing and negligence—never trustees, trust companies, or other fiduciaries.

Our team remains vigilant and dedicated, providing dynamic legal strategies tailored to the complexities of probate litigation. By choosing us, clients align with a firm that prioritizes transparency and integrity in defending their interests.

Navigating Probate Litigation in Naples

Understanding the local judicial landscape is crucial when navigating probate litigation in Naples, Florida. The Collier County Court system oversees probate matters, necessitating familiarity with local procedures and potential challenges that may arise. Knowledge of local court preferences and practices can significantly affect the efficiency and success of your case.

At Vernon Litigation Group, we offer localized guidance by leveraging our extensive experience within the Naples community. Our commitment to personalized service means we take the time to understand the unique aspects of your situation, providing tailored solutions to meet the specific demands of your case.

Preparing for Probate Court in Collier County

Preparing for a probate court appearance involves understanding the specific requirements and expectations of the Collier County judiciary. This includes timely submission of documents, preparedness for hearings, and comprehensive knowledge of Florida probate statutes. Having a local attorney from Vernon Litigation Group by your side can be a strategic advantage as we can aid in streamlining the process and ensuring compliance with all legal prerequisites.

Our firm is dedicated to reducing the complexity of probate litigation by offering proactive legal representation. From the initial stages of gathering pertinent documents to presenting a compelling case in court, we ensure that our clients are well-prepared and supported throughout the process.

Frequently Asked Questions

What Are the Steps of Probate Litigation in Florida?

Probate litigation in Florida involves several critical steps, starting with filing a petition in the probate court. This is followed by an appraisal of the deceased's assets, notification to creditors, and addressing any disputes or claims that arise. Each step requires diligent attention to detail and a strong understanding of Florida’s probate laws, which is where Vernon Litigation Group can offer invaluable assistance.

How Can I Challenge a Will in Florida?

Challenging a will in Florida involves proving that the will was not executed according to legal standards. This can include demonstrating undue influence, lack of testamentary capacity, or fraud. It’s essential to gather substantial evidence, and legal guidance from Vernon Litigation Group can help you navigate this complex process efficiently.

How Are Probate Assets Valued in Florida?

Valuation of probate assets is a detailed process that includes appraising real property, personal belongings, and financial assets. Accurate valuations are essential for proper distribution and may require specialized appraisals to ensure fair market value assessments, something we routinely manage for our clients at Vernon Litigation Group to facilitate equitable resolutions.

Contact Our Naples Probate Litigation Team Today

If you believe you may have grounds for probate litigation or are currently facing an estate-related dispute, do not wait to contact our award-winning team at Vernon Litigation Group. In many cases, you have limited time to take legal action; waiting too long could result in you forfeiting your rights.

Our firm is available to meet with you in person or over the phone to provide personalized, insightful legal guidance tailored to your unique situation. We offer same-day appointments and can assist you in English or Spanish for your convenience.

We understand the urgency and sensitivity surrounding probate disputes, emphasizing a client-centric approach to deliver peace of mind through assertive representation and compassionate counsel.

Contact us online or by phone at (239) 319-4434 today for a complimentary consultation and case evaluation.