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Probate Litigation

Probate Litigation Attorney in Jacksonville, FL

Helping You Resolve Disputes & Complications During Probate

When a family member or loved one passes away, numerous complications can arise. Matters such as the division and valuation of assets, for example, can pose serious worries. Through a process known as probate, the deceased person’s assets will be distributed among family members and debts will be paid by the deceased person’s estate. However, the probate process can become quite contentious when disputes arise.

In some cases, allegations of undue influence, breach of fiduciary duty, or lack of mental capacity will present issues. When family members battle for the deceased person’s assets or finances, it would be wise to contact a Jacksonville probate lawyer with the appropriate negotiation and courtroom skills to determine how an estate should be distributed, assess your options, and effectively guide you through the process.

If you need help resolving a probate-related dispute, contact Owenby Law, P.A. right away.

Owenby Law, P.A. Can Handle All of Your Probate Litigation Needs

Because financial processes can be difficult after suffering the loss of a loved one, it would be wise to contact legal counsel. Our Jacksonville probate attorneys are here to guide you through the process and handle all legal matters so that you focus on spending time with your family.

At Owenby Law, P.A., we can assist you with any of the following:

  • Contesting a will
  • Determining heirs
  • Breach of fiduciary duty
  • Removal of fiduciary
  • Beneficiary claims
  • Estate management
  • Family member disputes
  • Executors’ accounts

In addition, if you are accused of breaching a fiduciary duty, we can examine your case to form a strategic defense.

Need Help Evaluating or Contesting the Validity of a Will?

For a will to be valid, it must fulfill three different requirements, which are listed below:

  • It must be in written in one of the following forms: printed copy after it has been typed on a computer, written on a typewriter, or handwritten.
  • The will must be dated and signed by the person who created the will. If the person is incapable of signing the document, the person may grant another person permission to sign the document. If another person signs it on behalf of the will-maker, two witnesses must be present.
  • Two witnesses must sign the document, stating the will-maker was competent and not influenced by other individuals.

Understanding the Probate Litigation Process

Navigating the probate litigation process can be overwhelming, especially during emotionally challenging times. At Owenby Law, P.A., we believe that knowledge is power. By understanding the steps involved in probate litigation, you can approach the situation with confidence. Here’s a brief overview of what to expect:

  • Initial Consultation: Our experienced attorneys will meet with you to discuss your case, gather pertinent information, and outline potential strategies.
  • Filing a Petition: If litigation is necessary, we will file the appropriate documents with the court to initiate the process.
  • Discovery Phase: Both parties will exchange information and evidence relevant to the case, which may include depositions, interrogatories, and requests for documents.
  • Mediation: Many probate disputes can be resolved through mediation, where a neutral third party assists both sides in reaching a settlement.
  • Trial: If mediation is unsuccessful, your case may proceed to trial, where our skilled litigators will advocate for your interests before a judge.

By staying informed about each stage of probate litigation, you can make better decisions and feel more in control of the process. Our team at Owenby Law, P.A. is here to guide you every step of the way, ensuring that your rights are protected and your voice is heard.

Why Choose Owenby Law, P.A. for Your Probate Litigation Needs?

Choosing the right legal representation can make all the difference in the outcome of your case. Here’s why Owenby Law, P.A. stands out:

  • Experienced Attorneys: Our team has extensive experience in probate law and litigation, ensuring you receive knowledgeable and effective representation.
  • Personalized Service: We understand that every case is unique, and we tailor our approach to meet your specific needs and goals.
  • Commitment to Communication: We prioritize clear and open communication, keeping you informed throughout the entire process.
  • Proven Track Record: Our successful outcomes in probate litigation speak for our dedication and expertise.

Let us help you navigate the complexities of probate litigation with confidence. Contact Owenby Law, P.A. today to schedule a consultation and take the first step toward resolving your legal challenges.

Contact Our Jacksonville Probate Lawyers for a Free Initial Consultation

If you have suffered the loss of a family member, we encourage you to reach out to the team at Owenby Law, P.A. right away. Backed by years of elder law experience, our attorneys have what it takes to get you through these complicated legal processes.

When you contact our firm, we will listen to the details of your case and determine which strategies can help you pursue the most positive outcomes. We are passionate about helping our clients through emotionally draining times, which is why we promise to stand by you, our client, from beginning to end.

Contact the team at Owenby Law, P.A. today to arrange your free, no-risk consultation.

 

Commonly Asked Questions

How long does the probate process typically take?

The duration of the probate process can vary significantly based on the complexity of the estate, the number of beneficiaries, and whether disputes arise. It can take anywhere from a few months to several years.

What are some common reasons for contesting a will?

Common reasons for contesting a will include allegations of lack of mental capacity, undue influence by another party, improper execution of the will, or the existence of a more recent valid will.

What happens if a will is deemed invalid?

If a will is deemed invalid, the estate will typically be distributed according to the state's intestacy laws, which dictate how assets are divided among heirs when no valid will exists.

Are probate proceedings public?

Yes, probate proceedings are generally public, meaning that the documents filed with the court, including the will, can be accessed by anyone. This can lead to privacy concerns for some families.

How Can We Help?

  • Meet Your Legal Professionals
    We put the time and care into your case that it deserves, and we are here to guide you through this process.
  • Handling All Aspects of the Legal Process
    We are the reputable and reliable law firm you need on your side during your legal matter. We handle all types of cases!
  • Answers to Your Legal Questions
    The legal process can be daunting, and we understand you may have questions. Review our FAQ page to find helpful answers.

The Benefits of Hiring Owenby Law, P.A.

Owenby Law, P.A. is here to help you get the results you need with a team you can trust.

  • Free Initial Consultations
  • Successfully Handled Thousands of Cases
  • Backed by Over 20 Years of Experience
  • Personalized, Results-Oriented Representation
  • A Team of Compassionate Advocates On Your Side
  • Flexible Payment Plans Available