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Roddy Lanigan of Lanigan and Lanigan in Winter Park, Florida talks about the adversarial process in probate.
Probate is the process by which a deceased person’s property, known as the estate, is passed to his or her heirs and people named in the will.
Challenging a Will
The death of a loved one’s a trying time and often it’s made even more trying time when it becomes as an interested party of an estate to defend or dispute the validity of a will. Wills are contested in the probate in what we call the adversarial process. The adversarial process is essentially a lawsuit in the probate proceeding.
Adversary actions are generally brought when an interested family member or contestant challenges the validity of a will based on undue influence exerted over the person making the will. Lack of testamentary capacity or the soundness of mind of the person making the will, or fraud.
An adversarial action can also be brought by a creditor against the estate for inappropriate actions of the personal representative like hiding assets or misappropriating them. If you need to contest a will or defend against a creditor of the estate, then you will need a knowledgeable lawyer who practices in the field of probate litigation.
Probate litigation is a complex field which requires a thorough understanding of the Florida probate code and the ability to litigate. If you have a question, feel free to call me anytime at 407-740-7379, I’d love to talk to you and setup an appointment.