Probate Litigation

Resolving Disputes and Protecting Your Rights

When a loved one passes away, the probate process is meant to distribute their estate according to their wishes or state laws. Unfortunately, disputes can arise that require legal intervention to resolve. At BCN Law Firm, we specialize in probate litigation, providing legal representation for beneficiaries, executors, and other parties involved in disputes over wills, estates, and trusts. Our experienced attorneys are here to guide you through complex probate conflicts, ensuring that your rights are protected and that the estate is handled fairly.

Central Florida Probate Litigation Attorneys

Probate litigation refers to legal disputes that arise during the administration of an estate. These disputes may involve the validity of a will, the distribution of assets, or disagreements between beneficiaries and executors. Probate litigation often occurs when there are questions about the decedent’s intentions, undue influence, or the handling of the estate.

Our attorneys at BCN Law Firm have extensive experience navigating the complexities of probate litigation and are dedicated to helping clients resolve conflicts efficiently and fairly.

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Common Probate Litigation Issues

Probate disputes can involve a variety of issues, including:

Will Contests: One of the most common probate disputes occurs when someone challenges the validity of a will. Grounds for contesting a will may include claims of fraud, undue influence, lack of mental capacity, or improper execution. We represent clients in will contests, ensuring that the decedent’s true intentions are honored.
Breach of Fiduciary Duty: Executors and trustees have a legal obligation to manage the estate in the best interests of the beneficiaries. If they fail to do so, they may be accused of breaching their fiduciary duty. We help beneficiaries hold fiduciaries accountable and ensure that the estate is managed properly.
Disputes Over Asset Distribution: Beneficiaries may disagree on how assets are distributed, especially if the terms of the will or trust are unclear or seem unfair. Our attorneys work to resolve disputes over asset distribution and ensure that the estate is divided according to the law and the decedent’s wishes.
Trust Disputes: Disagreements can arise over the terms of a trust or the actions of a trustee. We handle trust disputes, helping beneficiaries protect their rights and ensuring that trustees fulfill their legal obligations.
Claims of Undue Influence: If someone believes that the decedent was pressured or manipulated into making certain decisions about their estate, they may file a claim of undue influence. Our attorneys investigate these claims and represent clients in court to ensure that the will or trust reflects the decedent’s true intentions.

How BCN Law Firm Can Help with Probate Litigation

Experienced Probate Litigation

Our attorneys have extensive experience handling complex probate litigation cases, providing you with the legal expertise needed to resolve disputes effectively.

Compassionate Guidance

Our attorneys have extensive experience handling complex probate litigation cases, providing you with the legal expertise needed to resolve disputes effectively.

Aggressive Representation

Whether in court or through mediation, we fight for your rights and work tirelessly to protect your interests.

Clear Communication

We keep you informed every step of the way, ensuring that you understand the legal process and the options available to you.

Frequently Asked Questions About Probate Litigation

A will can be contested on several grounds, including fraud, undue influence, lack of mental capacity, and improper execution. If you believe a will is invalid, our attorneys can help you pursue a will contest.

The length of probate litigation varies depending on the complexity of the case and the willingness of the parties to negotiate. While some disputes can be resolved quickly, others may take months or even years to fully litigate.

If an executor or trustee is failing to properly manage the estate, beneficiaries can file a claim for breach of fiduciary duty. Our attorneys can help you take legal action to hold the executor accountable and protect your interests.

Speak To An Attorney

If you are involved in a probate dispute, don’t navigate the legal process alone. Contact BCN Law Firm today for a free consultation, and let our experienced attorneys help you resolve your probate litigation issues efficiently and effectively. We are committed to protecting your rights and ensuring that the estate is handled fairly and according to the law.

352-394-2103

Meet Our Dedicated Attorneys

Legal Team Ready to Fight for Your Rights

Wade Boyette, J.D., LLM.

Partner

Bankruptcy, Estate Planning, Foreclosure Defense, Probate

Wade Boyette, J.D., LLM. Wade Boyette, J.D., LLM, was born in Estill, South Carolina, in…

Heath B. Nailos, J.D.

Partner

Auto Accidents, Personal Injury

Heath B. Nailos, J.D. Heath B. Nailos, J.D. was born in 1969 in Atlanta, Georgia,…

Kristin Cummins Nailos, J.D.

O.F. Counsel

Real Estate

Kristin Cummins Nailos, J.D. Was born in 1970 in Leesburg, Florida and has resided in…

Ken Costello, J.D.

Partner

Bankruptcy, Estate Planning, Foreclosure Defense, Probate

Ken Costello, J.D. Ken Costello is an associate at Boyette, Cummins & Nailos, PLLC. His…

Michelle C. Bottex, J.D.

Attorney

Criminal Law, Family Law

Michelle C. Bottex, J.D. Ms. Bottex earned a Bachelor of Arts degree in Business Administration…

Norman C. Cummins, J.D.

Legacy Partner

Norman C. Cummins, J.D. Was born in 1938 in Louisville, Kentucky. He received his Bachelor…

Michelle Ha

Attorney

Business Law, Estate Planning, Probate, Real Estate

Michelle T. Ha Michelle T. Ha is an associate attorney and is licensed to practice…

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5-Star Reviews from Satisfied Clients

Our Clients Appreciate Our Dedication and Expertise

BCN Law Firm

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Lois Carr

Polite, knowledgeable and thorough. Our attorney was prepared for our visit. We were treated with respect.

Robert Miner

I was referred to Wade Boyette by my investment advisor, Jean Dorrell, after moving to Florida and needing to set up a Trust and update my Will. Before deciding to work with Wade, I did my due diligence — reviewing his Better Business Bureau rating and reading online reviews — all of which were overwhelmingly positive, and now I see why.

From our first meeting, I was very impressed with Wade’s knowledge, professionalism, and ability to clearly explain the legal process. He answered all my questions thoroughly and offered thoughtful advice tailored to my situation. He handled the setup of my Trust and the update to my Will efficiently and in a timely manner.

I highly recommend Wade Boyette to anyone in need of reliable and experienced legal services.

Shannon Bass

Office ataff was extremely friendly! Wade was fantastic and explained everything to us! I highly recommend them.

Troy Ford

I had the misfortune of having to file for bankruptcy last year. I hired BCN Law firm to handle my case and dealt mostly with Ken Costello and his assistant Carol. They did an outstanding job on my case which was not the average case. They analyzed my situation and found the best path for me to move forward. It did take a long time to go through (such is the case with bankruptcy) but Carol kept my wife and me updated and assured us that our worst fears were not something that was going to happen. I would recommend the firm to anyone who needs one of the services they provide.

Sonja Gore

I had a great professional experience with the staff at BCN Law Firm and wholeheartedly recommend to any future clients in need of organizing their final affairs.

Lynn Willis

Everyone was very friendly, concerned about us. They explained everything to us. Thank you for your kindness.

Jeff Milroy

My experience with Heath and the staff was great. This was something new for me, and they explained everything very well. It was easy to get my questions answered and the whole process seemed to go very smoothly. Heath's paralegal Lynnette was very helpful and kept me updated and informed along the way. Thank you all so much and I will definitely use and recommend you in the future.

Lula Patrick

Very professional. Very happy with the services. I would highly suggest anyone to use his services.

Jude Hamilton

Excellent service, knowledgeable and reasonable. I feel that I’m in good hands with Wade and team.

Craig Poorbaugh

BCN and Wade Boyette were very professional in every way in support of our needs for our final documents. They go the extra few miles to insure satisfaction of service. They spoke plainly and clearly about the final issues and easily walked us through difficult decisions. Their services are reasonably priced. A good choice

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