SERVING SOUTHWEST FLORIDA
Free Consultation 239.303.4040
Committed Litigation Law Attorneys in Naples We Are Committed to Protecting Your Future

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 accounting, or the title to trust assets!

Contact our firm today to learn if you have a case.

Read What Our past Clients Have to Say About Us

We Care About Your Feedback
  • “I love Tammy!!! She is wonderful!!!”

    Denise N. Walker
  • “This is a very efficient firm & completed work in a timely manner. Also it was very pleasant and personnel.”

    Suzanna Scheah
  • “Mr. Willkomm was very professional and handled the probate and real estate matter in a timely fashion.”

    Thomas Melrose
  • “Our transaction proceeded painlessly and was successful, thanks to the team at Law Office of Conrad Willkomm, P.A. I will use them in the future and will recommend them to my family and friends.”

    Michael Aplington Naples, FL
  • “I would recommend, as I have no complaints. Attorneys communicated with me often, keeping me up to date on the progress of my closing. Closing was done on time, no delays.”

    Kevyn A. Noonan
  • “Thank you for excellent service! Your law firm obviously “get it” that customer services is what drives business through referrals.”

    M.L.
  • “I didn’t feel judged but I felt great empathy towards me, thank you all for your help through this hard timing.”

    Anonymous
  • “We hope to do business with your firm sometime in the near future. We are also referring you to all our friends.”

    Simone Hunter Naples, FL
  • “Extremely helpful, very informative and prompt. Will definitely be returning to this firm.”

    Ernest R. Croce
  • “Tammy Maschinot handled a short sale for my client. To be honest I never thought I would get it closed in time, but she was magnificent and got it closed before foreclosure. I can’t thank her enough.”

    Melanie Giles
  • “I have and will continue to recommend them to my family and friends. Have already sent 2 your way!”

    Yennia Adams
  • “The best! Very professional! Every time I called, a live person answered the phone. A refreshing change from annoying voice recordings.”

    Stan Serafin Naples, FL
  • “They Went Way Beyond the Call of Duty”

    Jean Kungle Naples, FL
  • “Very professional and prompt with responses to my questions. Specifically choose this firm because of Amber Mondock and the firm’s great reputation.”

    G.R. Russel
  • “I was very well satisfied with my experience”

    Rino Durepos