Contested Wills, Guardianships, and Breaches of Fiduciary Duty
A will is not always the last word. The Charles Law Offices represents any party — the estate, excluded heirs, or beneficiaries who suspect undue influence, fraud, or duress — in estate litigation. We also handle contested guardianships or allegations of impropriety in estate administration.
Susan M. Charles is an experienced trial lawyer who can advance your interests or protect the estate from spurious claims. She treads lightly in these sensitive situations, but aggressively promotes and protects her clients' rights.
Our Largo law firm handles will contests in Pinellas County and the Tampa area. We can represent stakeholders from anywhere in the state, as well as out-of-state clients whose family member died as a resident of Florida. Call 866.607.6531 for a free consultation.
AV Preeminent* rated, Master of Laws in Elder Law, member of the National Academy of Elder Law Attorneys (NAELA), member of the Academy of Florida Elder Law Attorneys (AFELA)
Will and Trust Contests
There are numerous grounds for challenging the validity of a will or trust:
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Undue influence — A sibling, spouse, or other person was named sole or majority beneficiary of the estate after isolating the decedent from other family members and convincing him or her to alter the will or trust.
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Fraud — The will or trust was forged or there was collusion to cut off your inheritance.
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Testamentary capacity — The deceased did not realize what he or she was signing because of dementia, mental illness, heavy medication, or substance abuse.
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Improper execution — The will or trust was not properly witnessed and signed in accordance with Florida law.
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Elective share — A surviving spouse has the right to live in the marital home for his or her remaining years. That spouse is also entitled to a statutory minimum share of the estate, even if the testator left the spouse nothing in the will or trust.
If you are challenging a will or trust, Ms. Charles will seek to have it overturned or corrected. An earlier will or trust may be able to prevail, or a probate judge may apportion the estate as fairness and the law dictate. We can also serve as attorney for the estate to defend against claims from creditors, unhappy heirs, or those who were intentionally disinherited.
Contested Guardianship
If an appointed guardian is siphoning assets or not watching out for the best interests of the ward, you can sue to have that person removed by the court and petition to have another family member, yourself, or a professional guardian installed.
Breach of Fiduciary Duty
If you suspect that the personal representative or trustee is stealing from the estate, or is incompetent in his or her duties, you can seek to have him or her removed and sue for restitution and damages. We have also defended executors and trust administrators wrongly accused of wrongdoing by those who don't understand that probate or estate administration is a long and time-consuming process and that honest mistakes can happen.
To discuss your rights and options regarding a will or trust contest, contact us today for a free initial consultation.
Offices in Clearwater - Largo - St. Petersburg
*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.
