Do I Need a Probate Litigation Attorney?

A probate litigation attorney is different from a probate attorney. A probate attorney works with a decedent’s personal representative to help the family manage the process of legally distributing the assets of a deceased loved one according to their Will. If the decedent had no Will or Estate Plan, the probate attorney will work with the family and the Court to manage the intestacy process (the process that occurs if a person dies without a Will). If all goes according to plan, you will never need a probate litigation attorney. But life does not always work out so nicely. If there are any disputes during the Estate Administration process that require filing a lawsuit, you need to contact a probate litigation attorney.

Some of the more common reasons why you might hire a probate litigation attorney are:

  • To contest a Will if you believe you have been unjustly disinherited or if the asset distribution is substantially different from what you had expected.
  • To challenge a Will if you believe the decedent was under undue influence.
  • To remove someone as a Personal Representative of the Estate if you feel they have been self-dealing, breaching fiduciary duties, or making improper decisions.

Additionally, if you are a Personal Representative for an Estate and have been accused of shirking your responsibilities, you will need a probate litigation attorney to defend you against the charges.

If you believe that the Estate Administration experience that your family is undergoing falls into one of the categories listed above, or if you have other concerns about your loved one’s Estate Administration, the first step is to contact an attorney experienced in probate litigation, like the experts at Huth, Pratt & Milhauser. The attorney will meet with you to understand the details of your situation and provide an initial perspective on if you have a legal case. If they feel you have a case, they will further analyze the case’s evidence. This may include reviewing the Estate documents, financial or accounting documents, and the decedent’s medical records, as well as interviewing witnesses. They may also need to involve other experts, such as accountants, forensic accountants (accountants who specializes in financial crimes), and medical experts.

Probate litigation lawsuits are extremely complicated and can take years to resolve. You will want to work with an attorney who is knowledgeable with litigating cases similar to yours. You also want to find out who will be the primary attorney handling your case – will it be a newer, junior attorney or an experienced senior attorney? Working with a smaller, boutique firm typically provides clients with greater access to the more experienced attorneys.

Managing the emotional turmoil of a loved one’s passing is hard. Sorting through the legal issues involved with a probate dispute makes an already difficult situation exponentially harder. If you believe that you may have a need for a probate litigation attorney, contact Huth, Pratt & Milhauser for a consultation on your case.

Huth, Pratt & Milhauser

Huth, Pratt & Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of Wills, Trusts, Estates, Probate, Guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton office. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

2500 North Military Trail, Suite 460
Boca Raton, Florida   33431
Phone: 561-392-1800

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