Probate Litigation

Experienced Litigators Fighting for Your Rights in South Florida Probate Disputes

By statute, a will must be properly drawn and its provisions regarding the disposition of the decedent’s assets must be followed. But closing an estate’s affairs is not always a smooth process. Undue influence in the creation of a will can lead to a party contesting a will, and allegations of malfeasance during the probate process can result in litigation.

Luis E. Barreto has been representing clients in estate planning, will contest, and estate litigation cases since 1992. Our firm has a comprehensive understanding of these practice areas, and a record of success in estate and probate litigation cases.

We represent clients in all types of estate disputes, including:

  • Will contests
  • Probate litigation
  • Personal representative (executor) malfeasance
  • Trust litigation
  • Trustee malfeasance
  • Undue influence in the creation of a will or trust
  • Guardianship litigation
  • Financial abuse of the elderly

Will Contestation

Allegations of undue influence in the creation of a person’s will often come late in a person’s life, when the person is susceptible or otherwise vulnerable. A family member, caregiver, or friend may cause a person to amend a will or create a new will through persuasion or deception, or may forge a new will or amendment. A child who is left out of a will (pretermitted heir) can also commence a will contest as can a spouse who is left out of a will.

The attorneys of Luis E. Barreto & Associates, P.A. will investigate all aspects of the case, using professional investigators if necessary. Our goal will be to develop a strong and persuasive case designed to achieve your objectives, whether you want to contest a will or your claim in a will is being contested by someone else.

Probate Litigation Cases

Disputes can arise during the probate administration process as well. Our firm represents both plaintiffs (other heirs) and defendants (personal representatives) in probate litigation. Determining the true facts of the case is an essential step in these situations. Using our knowledge of the law and calling upon experts such as accountants, appraisers, valuation specialists, as well as others, we will apply the facts to the law to build your case.

We will fight to achieve a fair and equitable resolution for you in any probate litigation matters. Give us a call today to set up a free consultation.

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