Trust and Probate Litigation

Welcome to the Trust and Probate Litigation page of Tampa St. Petersburg probate and trust attorney James W. Martin, who has amassed a wealth of knowledge in the often complex area of Trust and Probate Litigation. As part of his commitment to providing high-quality legal services, he seeks a thorough understanding of both the law and the individual needs of clients to offer a personalized level of representation. Because each client and estate or trust is unique, his legal strategy is tailored to suit the individual circumstances and specific objectives of each case. With a focus on both preventive and resolution strategies, he aims to protect his clients’ interests in estates and trusts in Pinellas County, Florida. You may call St. Petersburg probate attorney James W. Martin to get started with your Probate Litigation needs at (727) 821-0904 or email to jim@jamesmartinpa.com.

Will Contests and Trust Disputes

Probate Litigation is a detailed and complex area of law. St. Petersburg probate litigation attorney James W. Martin has extensive experience navigating these waters for his clients. He has managed a broad spectrum of contentious probate and trust estate issues, addressing the contested administration of wills and trusts due to various reasons.

• Undue Influence: Undue influence occurs when a person exerts inappropriate pressure on the testator who made the will or the settlor who created the trust, with the intention to benefit in an undue manner. It’s a common ground for challenging the validity of a will or trust.
• Lack of Testamentary Capacity: A will or trust can be contested if it can be proven that the decedent lacked the mental clarity to understand the implications of their will or trust at the time of signing. This scenario often arises when the decedent suffered from an illness like Alzheimer’s or dementia.
• Improper Execution: For a will or trust to be considered valid, it must follow certain statutory requirements. If the execution process did not adhere to these laws, such as the prerequisite of having two subscribing witnesses present during signing, the will or trust may be invalid.
• Fraud: If a will or trust is procured by fraud, it can be contested. This includes situations where the decedent was tricked or misled into signing the document under false pretenses.

Will and Trust Construction Litigation

Probate Litigation is a legal field including disputes in the interpretation, execution, or possible contesting of a decedent’s will or trust. These cases can often be wrought with complexities that require a professional perspective and nuanced understanding of the Florida law of trusts and estates. Probate and trust litigation attorney James W. Martin is exceedingly familiar with a plethora of situations that might lead to Probate Litigation. Such disputes may arise over the process of will or trust construction or interpretation, disagreement on inheritances, trust litigation, will litigation, unjust enrichment claims, and so forth.

In situations where ambiguity arises within the context of a trust or a will, the Florida probate litigation attorney may ask the Florida courts to take jurisdiction and provide a resolution process. The process of court engagement in these matters typically involves several key steps, starting from the submission of the petition to the court through to the final disposition. Probate is the legal process that ensures a will is valid and its stipulations are executed as the decedent wished. In scenarios where the will is ambiguous or contested, the court seeks to interpret the will in alignment with the decedent’s intentions, to the best of its ability. This may necessitate the court studying the wording of the will or any supplementary documents, hearing arguments from involved parties, or even utilizing extrinsic evidence to ascertain the decedent’s intended meaning.

St. Petersburg Probate Litigation attorney James W. Martin provides comprehensive legal support and advice throughout these processes, guiding his clients on how best to navigate these challenging situations. Armed with a deep understanding of the law and a commitment to upholding his clients’ rights and interests, he strives to achieve a favorable outcome in the midst of any estate or trust dispute.

In addition to his law practice, St. Petersburg probate attorney James W. Martin also teaches advanced legal writing at Stetson University College of Law as an Adjunct Professor of Law, in which students learn the rules for interpreting and drafting legal documents.

Litigation Against the Personal Representative or Trustee

In navigating the realms of Probate Litigation, it is crucial to understand the various types of issues that may prompt legal challenges against a personal representative of a probate estate or a trustee of a trust.

• Breach of Fiduciary Duty: A personal representative or trustee is bound by legal obligation to act in the best interests of the estate and trust and its beneficiaries. But when they fail to do so, it can lead to a breach of fiduciary duty prompting Probate Litigation. This can manifest in many forms such as misuse of estate or trust funds, excessive delay in estate or trust administration, or a distinct failure in performing stated duties.
• Objections to Accountings: As part of the personal representative’s and trustee’s responsibilities, they are required to provide a detailed record of assets, income, expenses, and distributions from the estate or trust – a process known as accountings. Legal disputes can arise if beneficiaries object to the accountings, either due to perceived errors, misrepresentation of assets, or a suspected omission – thus, necessitating Probate Litigation.
• Personal Representative or Trustee Fee Disputes: Conflict may arise regarding the compensation received by the personal representative or trustee for their services. This can generate a legal dispute if the beneficiaries deem the personal representative’s or trustee’s compensation as too high or unjustified.

Pursue Your Goals

St. Petersburg Probate Litigation attorney James W. Martin understands that Probate Litigation often arises during periods of emotional distress. He is committed to advocating for his clients’ rights and interests, guiding them through the legal complexities, and seeking a favorable resolution tailored to their unique circumstances. Whether  facing a will contest, a trust dispute, a dispute over personal representative’s or trustee’s fees or actions, or assistance with will or trust construction, he is prepared to provide the legal representation needed.

Contact

If you have the need for a Tampa St. Petersburg Probate Litigation attorney, you may use the contact form below or call James W. Martin directly at 727-821-0904 or email him at jim@jamesmartinpa.com for a free initial consultation.