Probate Litigation Attorney in Naples, Florida

We Can Protect Your Interests

If you believe you were unfairly left out of a will or think the estate administrator is not upholding their fiduciary responsibilities, you can contest a will or their actions. However, it is important to know that only specific people can partake in probate litigation. Persons of interest, or those who would be affected if the outcome of a will changed, can only initiate probate litigation.

You can also only contest a will if the estate plan of your deceased loved one does not contain a no contest clause. At the Law Office of Conrad Willkomm, P.A., our Naples probate attorneys can determine if you have a valid litigation case, as well as the appropriate course of action if you do have a case. If you would like to learn more about our probate litigation services, please contact our firm.

Types of Probate Litigation

A person can contest a will for various legal reasons including:

  • Undue Influence
  • Lack of Mental Capacity
  • Mistake in Execution Process

When an individual wants to contest a will based on undue influence, they must be able to prove the executor was forced to make certain decisions by a person who had control over the executor. If you want to contest a will based on lack of mental capacity, you must be able to prove that a person was not capable of understanding what they were signing, who was receiving said property, and the amount of their property. If a will is not executed according to the correct Florida statute, the will cannot be valid in a court of law. The person contesting a will based on a mistake in the execution process must have proof.

Other Grounds of Probate Litigation

Probate litigation can also include breach of fiduciary duty, determination of heirs, will construction, and various other legal issues. Contesting a will is not an easy process, which is why it is imperative you hire an experienced Naples probate lawyer to assist you. At our firm, we can work with you to ensure that you receive the inheritance you are rightfully entitled to receive. Our knowledgeable attorneys can assist you not only with the interpretation of a will or the terms of a trust, but also with contesting a will or trust that was improperly executed. Let us protect your interests in disputes related to the administration of the trust, the adequacy of fiduciary accountings, or the title to trust assets! Call our firm today to learn if you have a case.