Martin County Probate Litigation Lawyers
Ensuring You Receive Your Rightful Share of Estate Property
In Florida, when a property owner passes away, their death begins a legal process known as probate. Probate is when a deceased person’s assets are distributed to their heirs under court supervision. Probate can be a straightforward process, but it can get complicated if heirs believe they are entitled to certain property. At Deckard, Kofsky & Clark, LLC, we can help you resolve these probate disputes and ensure the deceased’s property goes to the intended recipients.
Schedule your initial appointment by calling our office at (772) 238-7231. We help residents of Stuart, Jupiter, and the surrounding areas.
Types of Probate
Depending on the circumstances, there are a few types of probate an estate may end up going through.
The three most common types of probate are:
- Probate vs. Non-Probate Assets: In this process, only assets that were solely owned by the deceased at the time of their passing goes through probate administration. Any jointly held assets or assets already assigned to specific beneficiaries are not subject to this process.
- Summary vs. Formal Administration: If an estate is worth $75,000 or less, or the deceased has been gone for over 2 years, the estate may qualify for an abbreviated probate process called summary administration. Estates that do not meet these qualifications must undergo formal administration.
- Domiciliary Probate vs. Ancillary Probate: Domiciliary probate occurs for residents of Florida who have property assets in Florida. Ancillary probate occurs for non-residents of Florida who have property assets in Florida.
Sometimes surviving family members and creditors may challenge the structure of the deceased’s will or trust. Additionally, if the deceased passed away without an estate plan, surviving family members may disagree on how the estate should be divided.
There are many reasons why a surviving family member may seek an attorney for probate litigation. Some common cases we regularly help resolve have to do with:
- Breach of fiduciary duty
- Elder financial exploitation
- Power of attorney abuse
- Will contests
- Trust lawsuits
In any of the scenarios listed above, it’s important you have a Stuart probate litigation attorney by your side who can effectively protect your best interests. Our lawyers will work with you to gather evidence in favor of your side of the dispute to ensure you receive the highest chance of getting the share of the estate you are asking for.
Or, if you believe a trustee or executor of the estate is mismanaging the property by giving themselves a larger share of the assets or another form of fraudulent behavior, we will help you present this evidence to the court and strongly litigate for your side.
Representing Your Best Interests Through Probate Litigation
Probate related issues can be emotionally charged and stressful for the parties involved. At Deckard, Kofsky & Clark, LLC, we understand the difficulties you may be going through and will do what we can to take the legal pressure off your shoulders so you can focus on healing.
“Mr. Deckard who is a former police officer saw through the lies and fought hard to keep me out of prison.”- Former Client
“I was in a difficult marriage and needed a lawyer who was able to help me through the divorce and protect my kids. Mr. Kofsky was ...”- R. Sessions
“Martin Kofsky represented me in an ugly divorce last year. I picked him because he was smart and tough...”- M. Moran