St. Petersburg Trust & Probate Lawyers
Types Of Disputes
Will Contests – These lawsuits involve challenging the validity of Last Will and Testament and can be filed at two points during the probate process – before and after the will is admitted to probate. These can be filed by a limited number of people, including disinherited heirs at law and beneficiaries and fiduciaries named in prior wills. We represent those contesting wills for lack of testamentary capacity (mental capacity of the person at the time the will was signed), undue influence and fraud.
Trust Disputes – We represent tall parties involved in trust disputes involving settlor capacity (whether the settlor had the legal capacity to create the trust), undue influence (was the settlor coerced into creating the trust?), fraud, trustee mismanagement (did the trustee act in a manner to benefit themselves rather than the settlor and beneficiaries, use trust assets for personal reasons or disregard instructions for distributing property?).
Conservatorship and Guardianship Disputes – Is a loved one who is ill, including suffering from dementia and Alzheimer’s, unable to make informed decisions for him or herself, including medical care and finances? Do you worry about the safety of your loved one, feeling he or she is in danger without adequate care? Is he or she refusing care? Have you discovered an invalid power of attorney or patient advocate designation involving your loved one? These are all reasons to pick up the phone and call us. Need a trust and probate lawyer in St. Petersburg? Our team of attorneys at BRDM Law represents those involved in probate and trust disputes all across West-Central Florida, including St. Petersburg, Clearwater, Tampa, Bradenton, Sarasota and beyond. Call our St. Petersburg law offices today at 727-381-2300 to learn more.
Spousal Rights – As a surviving spouse, you are entitled to certain benefits. These include spousal rights for shares of property, such as household property and homestead property; interstate share, elective share (Florida law mandates that a surviving spouse is to receive no less than 30% of the assets of a deceased resident), exempt property, family allowance and more.
Creditor Claims – If a creditor is owed money by a deceased person, a creditor claim can be filed. This can often arise when there are unpaid medical bills and credit cards to be paid. Ensure that your rights and your loved one’s rights are protected during the creditor claims process.
Determination of Beneficiaries – When property passes by interstate succession or the will is unclear regarding the shares and amounts to be given to beneficiaries, you may need to contact a probate attorney who can assist you in taking action. BRDM Law can help you with this and file civil action to determine beneficiaries when an estate has not been administered.
Financial or Physical Elder Abuse – It is extremely unfortunate but sometimes the trust we place in the hands of nursing homes designed to care for our loved ones is betrayed. The same goes to those responsible for assisting elderly or incapacitated loved ones with financial and legal decisions. Preying upon the elderly has become a growing problem. If you suspect abuse of any type of power involving your loved one, you have a right to speak up on his or her behalf and to seek justice.