Please be advised that our law office is considered an essential business. As such, our office is open for business. With current concerns related to the spread of the Coronavirus, we are making sure the office is sterile. We are following strict hygiene protocols and increased sanitization of the office. Clients are still welcome to come into our office, or if you prefer, we have always offered consultations over the phone or online as needed.

SERVING SOUTHWEST FLORIDA
A Personalized Approach to All of Our Cases 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.

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  • “You have a great team member in Tammy and we wanted you to know how much we appreciate all that she did for us.”

    Barb & Jim
  • “Would not hesitate to recommend The Law Firm of Conrad Willkomm.”

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

    Thomas Melrose
  • “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
  • “The easiest experience I've had with any law firm.”

    Lara C.
  • “Would highly recommend the Law Firm of Conrad Willkomm for any real estate transaction.”

    Christine Giampavolo
  • “Very efficient in handling everything that occurred with my transaction. Thank you Brian and Megan!”

    Ann Doll Naples, CA
  • “Kimberly Willkomm and everyone at Conrad Willkomm law offices were fantastic!”

    Maryellen M.
  • “I had the Law Office of Conrad Willkomm, P.A. represent or assist me in different occasions. They have great customer service and very well dedicated to whom they represent.”

    Berne L. Cange Naples, FL
  • “His fees are very reasonable compared to other high price Naples lawyers”

    Susan J.
  • “Good job, very efficient.”

    Celine Godof
  • “If you need to make a Will or Trust I highly recommend Mr. Willkomm and his staff.”

    Anonymous
  • “Don’t lose Robson… I’ll follow him to his next law firm if you do!!!”

    Jen & James Eagleton
  • “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
  • “Mr. Friedman was extremely accommodating. He addressed all of our concerns. Thank you Brad.”

    Salvatore Cannella