Lakeland Lawyers | Personal Injury & Family Law | Brush, Pujol & Coyle Personal Injury Lawyers | Family Law

Probate Litigation

Probate is the Court procedure by which a will is proved to be valid or invalid and through which a deceased’s persons assets are distributed and their debts paid. When disputes arise over the will itself or over the assets and debts it is called Probate Litigation.

The law offices of Brush & Coyle handle probate litigation cases in the areas of will contests, undue influence, fraud and lack of testamentary capacity.

One of the most frequent issues in probate litigation is the will contest. Usually will contests deal with disputes among family members or someone outside the family such as a friend or a caretaker. The typical issues in a will contest are whether the deceased person had testamentary capacity, whether he or she was subjected to undue influence or whether they were a victim of fraud.

Testamentary Capacity

In cases involving a question of testamentary capacity, there is usually a challenge to the will that the deceased person did not have the mental capacity to understand the amount and nature of their property. Typically such a challenge is done through obtaining the deceased’s medical records and depositions of independent witnesses to try to piece together the deceased’s mental capacity at the time the will was executed.

Undue Influence

An undue influence claim challenges whether the decedent was improperly influenced or coerced into giving away their assets either to or by a person in a position of trust, control and confidence. The undue influence can occur through threats, flattery, excessive over-persuasion, duress or force and it could come from a friend, family member or caretaker.

Fraud

Typically fraud cases occur when the person has dementia or Alzheimer’s disease and they are tricked into making a will or changing a will based on false representations or statements.