Insight

Probate Litigation Attorneys Broward County

Probate Litigation Attorneys Broward County

Roy D. Oppenheim

Roy D. Oppenheim

November 16, 2019 02:31 PM

Probate Litigation

Probate Litigation Attorneys serving Fort Lauderdale, Broward County, Miami-Dade & Florida State.

What is Probate?

Probate is a legal process governing the distribution of a decedent’s estate. Matters in probate court generally involve standard, uncontested processes including but not limited to the appointment of a personal representative to administer the estate of a decedent estate, and the admission of wills.

What is Probate Litigation?

Legal contests about a variety of issues arise during the course of probate, resulting in probate litigation. The facts involved in a legal contest define the claims to be prosecuted or defended in probate litigation. Probate litigation includes but is not limited to claims pertaining to: will contests and construction; lack of testamentary capacity, undue influence, fraud and duress; forgery and alteration of instruments; appointment, removal and fiduciary breaches of personal representatives; abuse of power of attorney; beneficiary rights; identification of interested persons; joint and survivorship accounts, assets and property; elective shares and other entitlements; shares of pretermitted spouses and children; and accounting and inventory.

It is important to know that not all probate or litigation attorneys handle probate litigation. In fact, many probate lawyers will only represent clients with uncontested matters given that the uncontested probate process is transactional in nature and can be successfully handled by an attorney with knowledge of substantive probate law. Probate litigation on the other hand, is a highly complex branch of the probate practice. The role of the probate litigation attorney is far more adversarial in nature and requires an attorney to have knowledge of substantive probate law as well as knowledge and experience in trial procedure and techniques. Apart from legal complexities and procedural technicalities, the personal, financial and emotional stakes that characterize probate litigation render this branch of probate law a specialized area into which many probate attorneys, even probate specialists, rarely venture.

Probate Litigation Attorney Florida

Oppenheim Law handles probate litigation matters throughout the state of Florida and has obtained successful outcomes with respect to highly complex issues. We have contested disputes regarding wills, incapacitated or unduly influenced personal representatives, and fraud. As seasoned litigators, we have a wealth of trial and courtroom experience. As an established firm, we have a myriad of resources and an intrinsic knowledge of substantive laws and practices. The result is effective representation for the client by competent, experienced counsel.

Probate involves the distribution of a person’s assets upon death. Probate litigation entails various controversies centered on how assets are to be distributed and to whom. Our Firm has extensive experience in multiple aspects of probate litigation. We have represented clients in litigation arising from intestate succession (when a person dies without a will), and have also represented clients in will contests predicated on execution mistakes, undue influence, and lack of capacity, as well as other defenses to enforcement of a will. We have also represented clients in litigation relating to the elective share, breach of fiduciary duty, and the appointment and removal of a personal representative.

If you are seeking legal representation for probate related dispute, please feel free to contact us online or give us a call at 954-280-9102 today for a consultation.

Oppenheim Law | Florida Probate Litigation Attorneys
2500 Weston Rd #404
Fort Lauderdale, FL 33331
954-324-2240

Originally posted at Oppenheim Law: Probate Litigation Attorney https://www.oppenheimlaw.com/what-we-do/probate-litigation/

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Combating Nuclear Verdicts: Empirically Supported Strategies to Deflate the Effects of Anchoring Bias


by Sloan L. Abernathy

Sometimes a verdict can be the difference between amicability and nuclear level developments. But what is anchoring bias and how can strategy combat this?

Lawyer speaking in courtroom with crowd and judge in the foreground

Things to Do Before a Car Accident Happens to You


by Ellie Shaffer

In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.

Car dashcam recording street ahead

The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery


by Elizabeth M. Midgley and V. Christopher Potenza

The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.

Red tape blocking off a section of street

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Is Premises Liability the Same as Negligence?


by Jeremy Wilson and Taylor Rodney Marks

In today's age, we are always on the move, often inhabiting spaces we don't own. But what happens when someone else's property injures you or someone you know?

A pair of silhouetted legs falling down a hole with yellow background

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background