Probate litigation disputes can arise when someone contests the estate administration process. They can delay estate settlement, increase costs, and create lasting family conflict. For business owners, probate litigation may also affect legal control over shares or ownership interests and access to crucial business assets.
Understanding the common types of probate litigation and how to resolve them can help protect your loved ones and your business.
At BrewerLong, we help clients throughout Florida manage legal matters at every stage of the business lifecycle—including probate litigation that could affect business ownership or operations. Founded in 2008, our team offers trusted counsel in business law, estate planning, litigation, and beyond.
What Are Common Types of Probate Litigation?
Several types of probate litigation can arise during the probate process—the process of paying debts, distributing assets, and otherwise settling the estate of a deceased person (“decedent”). Some of the most common disputes involve concerns about a will’s validity, the actions of a personal representative, or disagreements between beneficiaries.
Will Contests
One of the most frequent probate disputes involves challenging the validity of a will. Common grounds include:
- Lack of testamentary capacity. The person who created the will did not understand the nature of the document or the consequences of signing it.
- Undue influence. Someone manipulated the person making the will by exerting pressure or control over their decisions.
- Improper execution. The decedent did not follow Florida law when creating the will.
- Fraud or forgery. Someone faked the will, altered its contents, or misrepresented its authenticity.
A successful will contest can result in a probate court invalidating the entire will, leading to the distribution of the estate’s assets under a previous will or Florida law.
Breach of Fiduciary Duty
Many people name an executor in their will. When appointed by a probate court, that executor becomes the estate’s personal representative.
For those who have no will, name no executor, or name an executor who is unable or unwilling to perform the role, the court appoints an administrator as the estate’s personal representative.
Personal representatives are legally required to act in the best interest of the estate and its beneficiaries. This is known as fiduciary duty. A fiduciary fails to fulfill this duty when they:
- Mismanage estate assets,
- Use estate property for personal benefit (self-dealing),
- Fail to communicate with beneficiaries or creditors, and
- Cause delays or neglect to administer the estate in a timely way.
A successful breach of fiduciary duty claim can lead to the removal of the representative, financial restitution such as repayment of misused or lost estate assets, or both.
Disputes Among Beneficiaries
Family dynamics and unclear estate planning documents can lead to disagreements among beneficiaries. For example, beneficiaries may raise issues related to:
- Unequal or unexpected distributions of estate property,
- Ambiguities in a will or trust that obscure meaning, and
- Challenges over whether the decedent owns certain assets.
These disputes often escalate when significant assets or family businesses are involved.
Business-Related Probate Disputes
Business ownership can become a focal point in probate litigation. Disputes may arise when:
- A business owner dies without a clear succession plan,
- Multiple beneficiaries inherit ownership interests and disagree on management,
- There are conflicts between co-owners and the decedent’s family, or
- Estate administration delays impact day-to-day business operations.
In these cases, litigation can directly affect the stability and continuity of a business.
How to Resolve Probate Disputes
How you can resolve probate litigation disputes depends on the details of the case and the parties’ willingness to work together. Throughout each stage, having a lawyer who understands both probate and business law is essential. A probate-business lawyer assists by:
- Reviewing estate planning documents and corporate records,
- Determining how to allocate business interests,
- Ensuring accurate asset valuation,
- Identifying practical solutions that preserve the operation and value of the business,
- Drafting enforceable legal documents to end disputes outside of court, and
- Presenting your evidence and legal claims before a probate court when necessary.
Legal guidance is often essential to resolve disputes without jeopardizing the company’s future.
Negotiation, Mediation, and Settlement
Many disputes can be resolved without courtroom litigation through negotiation and mediation, which may enable you to:
- Revise distributions of estate assets,
- Remove or replace a personal representative or trustee, or
- Clarify ambiguous language used in the will.
Mediation allows parties to:
- Work with a neutral third party,
- Avoid the stress and cost of courtroom litigation, and
- Maintain privacy and preserve relationships.
During mediation, a business-savvy probate attorney can advocate for your goals while identifying opportunities for compromise.
Court Litigation
If negotiation or mediation is unsuccessful, probate litigation may proceed to trial, which typically involves:
- Filing legal paperwork;
- Gathering evidence, including testimony, financial records, communications, and business documentation (called “discovery”);
- Presenting evidence at trial; and
- Receiving a judge’s decision.
In business-related probate disputes, litigation can be complex. A probate-business lawyer can guide you through the process, identifying legal claims and helping you make or defend against them.
Consult with BrewerLong
Probate litigation can be overwhelming, especially when your family’s future or your business’s stability is at risk. BrewerLong provides business owners and their loved ones with legal guidance to resolve probate litigation disputes and protect their interests. Contact us today to schedule a consultation.
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