When a loved one passes away, the probate process in Florida is meant to provide a structured way to distribute their estate, settle debts, and ensure that assets are passed to heirs. Unfortunately, probate doesn’t always go smoothly. Families in Orlando and across Florida often find themselves in court when disputes arise.
At Brumbaugh Law, we guide families through the complex world of probate litigation in Florida, helping them protect their rights and navigate emotionally charged conflicts. Below are some of the most common reasons probate disputes happen in Florida.
1. Will Contests and Questions of Validity
One of the most frequent probate disputes involves challenges to the validity of a will. In Florida, a will can be contested on several grounds, including:
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Undue influence
– when someone pressures or manipulates the decedent into changing their will.
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Lack of capacity
– if the person signing the will did not have the mental ability to understand what they were doing.
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Improper execution
– Florida law has strict rules about signing and witnessing wills. If those aren’t followed, the will may be invalid.
If you believe a will doesn’t reflect your loved one’s true intentions, consulting an Orlando probate litigation attorney
is critical.
2. Disputes Over the Personal Representative
The personal representative (often called an executor in other states) has significant power in Florida probate. They manage assets, pay debts, and distribute property. Conflicts can arise if:
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The personal representative is accused of mismanaging estate assets.
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Family members believe they are unqualified or untrustworthy.
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There are competing claims about who should serve in the role.
A skilled Florida probate lawyer
can help protect your interests if you feel the estate is not being handled fairly.
3. Creditor Claims Against the Estate
Creditors have the right to file claims in probate to collect debts owed by the deceased. Disputes may occur if:
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Heirs believe a debt is invalid or inflated.
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Creditors file claims outside Florida’s strict deadlines.
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There are not enough assets to cover both debts and inheritances.
Our team at Brumbaugh Law works to ensure that creditor claims are reviewed carefully so families are not unfairly burdened.
4. Disagreements Over Asset Distribution
Florida probate disputes also arise when beneficiaries clash over how assets are divided. Common issues include:
-
Ambiguous will language
that leaves room for interpretation.
-
Unequal distributions
that cause resentment.
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Non-probate assets(like life insurance or joint accounts) conflicting with the will.
Clear estate planning can help avoid these fights, but when they happen, probate litigation in Orlando
may be necessary to resolve them.
5. Allegations of Fraud or Misconduct
Sadly, families sometimes face situations where fraud or misconduct is suspected. Examples include:
In these cases, legal action may be the only way to protect the estate and ensure justice.
Protecting Your Family in Florida Probate Litigation
Probate disputes are stressful, emotional, and can drag on for months—or even years—without the right legal guidance. If your family is facing a probate dispute in Orlando, Florida, Brumbaugh Law is here to help.
Our experienced attorneys understand Florida’s complex probate laws and work tirelessly to resolve disputes with compassion and professionalism.
Speak With an Orlando Probate Lawyer Today
If you’re dealing with a probate dispute, don’t navigate it alone. Contact Brumbaugh Law
to schedule a consultation with an experienced probate litigation attorney in Orlando, Florida. We’ll fight to protect your rights and your loved one’s legacy.
📞 Call today or visit our website to learn more about how we can help.
