What is Probate Litigation?
Probate is the legal process through which a deceased person's assets are distributed and debts are settled according to the terms of his or her will or, if no will exists, according to intestate law. While probate is often a simple process, disputes frequently arise requiring a formal legal action commonly known as probate or estate litigation.
At Minot Law, we handle a wide range of probate litigation matters, advocating for clients involved in probate disputes, protecting their legal rights, assets, and inheritance.
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WHY CHOOSE MINOT LAW
“Handling inheritance disputes is an area of law that requires not just legal expertise, but also empathy and patience. Many of my clients come to me feeling overwhelmed by family tensions and complicated legal battles, unsure of where to turn. I take great satisfaction in guiding them through this challenging process, ensuring their voices are heard and their inheritance rights are protected. While these situations are difficult, I find it rewarding to help my clients find resolution and peace during such trying times.” - Mike Minot
A will contest is a legal dispute that arises when someone challenges the validity or fairness of a decedent’s will. The legal procedures for initiating a challenge depend on whether the will has been formally admitted to probate. These disputes can involve various claims related to the authenticity, proper execution, or the mental capacity of the deceased at the time they created or amended the will.
Unfortunately, an estate can been unfairly diminished by someone acting improperly during a loved one’s lifetime. Sadly, this is a reality in many inheritance disputes. Certain actions taken before death can significantly reduce the value of a decedent’s estate and prevent rightful heirs from receiving their fair share.
If you suspect that someone took advantage of the decedent—whether by coercing them into gifting assets, altering financial accounts, or misusing legal powers—it’s crucial to act quickly. Common examples of improper conduct that can diminish an estate include:
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Coercing the decedent into placing them as a joint holder on a bank account, allowing them to withdraw funds or control assets before death and receive the full balance of the account upon death.
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Changing beneficiary designations, such as adding someone as a “payable on death” (POD) beneficiary on financial accounts or life insurance policies.
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Manipulating the decedent to execute a power of attorney, only to use that power for personal gain.
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Wrongfully influencing the decedent into gifting valuable property or assets, often under duress or without fully understanding the consequences.
Each of these actions can lead to significant financial losses to the probate estate, leaving rightful heirs at a disadvantage. At Minot Law, we understand the stress and frustration that comes with challenging wrongful transfers and we’re here to help. We’ll work to investigate the situation, uncover the truth, and ensure that the decedent’s true wishes are honored.
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Personal representatives or executors are fiduciaries who have significant legal responsibilities when managing a decedent’s estate. If a fiduciary fails to properly administer the estate—whether through acts of mismanagement, waste, or by charging excessive fees—legal action may be necessary. We can help pursue remedies such as removal of the Personal Representative or recover mismanaged assets or funds.
Beneficiaries are entitled to receive a full accounting of the estate’s assets and liabilities. If the Personal Representative fails to provide an accounting, or if the accounting provided is questionable or inaccurate, we can assist in requiring that the Personal Representative produce the necessary documents or challenge the accounting through legal action.
In Florida, the surviving spouse has a statutory right to claim a share of the deceased spouse’s estate, typically 30%, known as the elective share, even if a will attempts to disinherit them. If a surviving spouse believes their rights have been violated or improperly excluded, we can help assert their claim and defend their right to a fair share of the estate.
What to expect from Minot Law
At Minot Law we understand that the most effective way to resolve a probate dispute is often through negotiation and settlement. However, we recognize that litigation is sometimes necessary to preserve and protect your interests. Michael S. Minot is committed to providing strategic, compassionate legal representation to resolve even the most complex probate disputes.
Michael S. Minot has been serving the needs of Florida clients since 1985, and his experience in both probate and estate litigation gives him the ability to navigate the complexities of these cases with precision and care. If you are involved in probate litigation or need legal assistance with any of the matters above, contact us today to schedule a consultation.
After my father died, I learned that someone outside the family received his entire life savings. Acting on the recommendation of several attorneys I chose Mike Minot to represent me. From the time we first met he handled my case with unmatched professionalism and expertise. But it was his performance at trial that was nothing short of brilliant. Even though the opposing counsel was a seasoned trial attorney Mike’s advocacy skills were superior in every way. He is a truly exceptional lawyer who went above and beyond to win my case. I am so grateful for Mike Minot’s unwavering dedication and skill and cannot recommend him highly enough.