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.

352-394-2103

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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, was born in Estill, South Carolina, in 1967 and has been a prominent figure in Lake County since 1994.

Heath B. Nailos, J.D.

Partner

Auto Accidents, Personal Injury

Heath B. Nailos, J.D. was born in 1969 in Atlanta, Georgia, and has resided in Florida since 1978. He received his B.A. in History from the University of South Florida in 1992 and his J.D. Degree from Stetson University College of Law in 1995.

Kristin Cummins Nailos, J.D.

O.F. Counsel

Real Estate

Mrs. Nailos has practiced law in Central Florida since 1996, and is a member of The Florida Bar, and the Lake County Bar Association and is admitted to practice in the Middle District of Florida and all State Courts in Florida.

Ken Costello, J.D.

Partner

Bankruptcy, Estate Planning, Foreclosure Defense, Probate

Ken Costello is an associate at Boyette, Cummins & Nailos, PLLC. His practice focuses on real estate, civil litigation, bankruptcy, debt defense, estate planning and probate.

Michelle C. Bottex, J.D.

Attorney

Criminal Law, Family Law

Ms. Bottex earned a Bachelor of Arts degree in Business Administration from Stetson University and Master of Arts degree in Human Resources Development from Webster University.

Norman C. Cummins, J.D.

Legacy Partner

Was born in 1938 in Louisville, Kentucky. He received his Bachelor of Science in Business Administration from the University of Alabama in 1963 and a J.D. Degree from the University of Alabama in 1967.

Travis J. Stulz, Esq.

Attorney

Business Law, Estate Planning, Probate, Real Estate

Travis J. Stulz is a seasoned Florida personal-injury attorney representing clients across Central Florida, including Orlando, Winter Garden, Clermont, Ocoee, and The Villages.

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5-Star Reviews from Satisfied Clients

Our Clients Appreciate Our Dedication and Expertise

BCN Law Firm4.6

Based on 302 reviews

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Steven Halford

4 days ago

Excellent Service. Excellent staff and personell. Very detailed and patient throughout the whole process. It took a while to get where we wanted to be, but it was well worth the wait. They fought for every penny, for my treatment after my car accident, and were very caring during every step of the way. I highly recommend and they now have a customer whenever I need a lawyer.

Tom Robertson

2 weeks ago

Courteous and helpful staff. Completed in a timely fashion. Excellent rapport with Wade Boyette. Highly recommended

Cyndi Robertson

2 weeks ago

The entire staff was very considerate and helpful while assisting us with our estate planning. Highly recommend BCN if you need a Will, Durable Power of attorney, etc!

Peter Adams

3 weeks ago

My wife and I appreciated Mr. Boyette’s professionalism in regard to our legal needs. We strongly recommend him and will seek his expertise for any other legal needs.

Kevin S Hodne

4 weeks ago

I hired BCN law firm to handle my bankruptcy. Having always prided myself in handling my finances responsibly, when I had some health issues which I could not recover from financially I decided to plead bankruptcy. BCN law firm ( Carol ) made the whole process seamless. Carol was understanding, professional, and put my mind at ease during this difficult time. It’s people like Carol who have compassion for people that makes all the difference when hiring an attorney. Thank you Carol and BCN Law firm. If I could leave 10 stars I would have. Thanks again Carol and Wade Boyette!

susan ohneiser

1 month ago

Very professional, personable and informative! No issues and everything went well. We are very pleased.

Tatiana Rollins

2 months ago

Wade Was very helpful and informative on helping us with our trust and will. He explained everything thoroughly so we have peace of mind that our estate will be well taken care of.

David Kelly

3 months ago

If you want an attorney who will actually meet with you face to face, BCN does that. If you want to be kept informed and in the loop throughout your case, BCN does that too. If you want to regret your choice of attorney, go with one of the other guys — because you won’t find that at BCN. BCN treats you like family while maintaining the professionalism and attention you deserve. Heath Lynette and the team are top-notch, knowledgeable, and always willing to listen and guide you in the right direction. From the welcoming facilities to the personal attention they give every client, BCN stands above the rest. If you need legal help, do yourself a favor and check them out.

Anthony Monteleone

3 months ago

Travis Stulz and his team were amazing to work with. His responsiveness and level of knowledge far exceeded my expectations. I was very happy with the resolution of my case and would reach out to his firm for any future needs. Thanks Travis!

Jessica Siefert

3 months ago

Travis and Sandy (Paralegal) were extremely helpful in my car accident case. I never worried about a thing and they worked very hard to advocate for me with my insurance company. Highly recommend for total peace of mind.

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