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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.

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  • “Thank you for making both of our real estate transactions such a pleasant experience!”

    Peggy Bailey & Harwood Bailey
  • “Always cheerful and have a positive attitude with every client”

    Chellie Doepke
  • “Fast honest information for both probate action and sale of relative’s property.”

    Clinton S. Zediak
  • “Excellent to work with - fast and efficient work with great staff all around.”

    Claude Arcand
  • “We would not have done it without them.”

    Simone Hunter
  • “Great courteous professional and timely services. Best law office I’ve found in Collier from moving here.”

    Rambosks
  • “I am very pleased with all aspects of their work.”

    Paul Travis
  • “I am fortunate enough to have kept my house because of them. Now I only trust them for any other service they provide. Thank you all!”

    Maria E. Toledo
  • “We liked Conrad as soon as we talked to him.”

    Mr. & Mrs. Ballard
  • “Megan was an absolute angel to work with as she relentlessly pursued the lender's closing team until they issued the closing documents only one day late.”

    Robert Gladwish Naples, FL
  • “Would highly recommend the Law Firm of Conrad Willkomm for any real estate transaction.”

    Christine Giampavolo
  • “I hope we can do more business in the future. We would certainly recommend this firm to anyone we know looking for legal advice in your area.”

    Thomas J. and Phyllis D'Antona Naples, FL
  • “Your firm knew what needed to be done and handled it very professionally.”

    Carol J. Richards
  • “Conrad explained everything so clearly, offered advice and I am very relieved that I received such professional service.”

    Anonymous
  • “He was a very patient and understanding attorney and thought of all parties. His staff was very informed on all situations.”

    Dorothy Palermo