probate litigation

PROBATE LITIGATION

Sometimes, after an estate has been opened, there exists a situation or an issue requiring litigation. Perhaps you believe the Will that is being probated was procured by fraud, undue influence or during a time in the decedent’s life where he or she lacked the requisite capacity to execute a Will.  Or perhaps you believe the individual appointed as Personal Representative is wasting the estate’s assets or has misappropriated estate funds.  These are just a few of the many reasons a Personal Representative should be removed and litigation contemplated.  Many times, issues may be resolved without litigation. At Irama Valdes, P.A. we assess each situation to determine the most effective and cost efficient plan of action to maintain the estate’s assets intact for its beneficiaries.

Elective Share

Choosing to take an elective share is appropriate if your spouse has disinherited you and you meet certain requirements.  In the state of Florida, the law allows a surviving spouse to petition the court to allocate 30 percent of the elective estate for the benefit of the spouse.  There is a time limit within which to file for an elective share.  If your spouse has disinherted you, make an appointment with us to review your potential case.

For a consultation with Irama Valdes, P.A. call (305) 477-1111 or send us an e-mail. We serve all of Florida.

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