10 Times to Call an Altamonte Estate Probate Lawyer

When Should You Call an Estate Probate Attorney in Altamonte Springs or Central Florida?

Dealing with the probate process in Florida can feel overwhelming. Between navigating the courts, settling family disputes, and protecting your inheritance, you may not know when it’s time to bring in legal help. If you live in Altamonte Springs or anywhere in Central Florida, working with an estate probate attorney can give you the clarity and guidance you need. Below are ten situations where calling an attorney is the right move.

1. Contested Wills

When a will is contested, emotions run high and the probate process can stall. Common challenges allege undue influence, fraud, or that the deceased lacked the mental capacity to make sound decisions.

In Florida, the burden of proof falls on the party contesting the will, which means you’ll need strong evidence and a clear legal strategy. A probate lawyer helps you gather documents, secure testimony, and argue your case in court. Having representation ensures the judge hears your side and protects your potential inheritance.

2. Will Interpretation

A will reflects a loved one’s wishes, but sometimes its language is vague or contradictory. Maybe provisions refer to outdated assets, or the instructions are so general they leave too much room for interpretation. Disagreements can quickly arise among beneficiaries, delaying probate and straining relationships. An estate probate attorney can interpret the document within the framework of Florida law, clarify ambiguities, and present a petition to the court for an official ruling. This ensures the estate is administered properly and according to the decedent’s intent.

3. Undue Influence or Fraud

If you suspect a will was created or changed under suspicious circumstances, Florida law gives you the right to challenge it. Undue influence occurs when someone pressures or manipulates the decedent into altering their estate plan. Fraud can involve tricking the decedent into signing documents they didn’t understand or agree to.

Proving either requires gathering medical records, testimony, and other evidence. An experienced probate attorney can help uncover the truth and present your case, ensuring the will reflects the genuine intentions of your loved one.

4. Disputed Asset Distribution

Even when a will is valid, conflict often arises when dividing assets. Family heirlooms, real estate, or financial accounts can become flashpoints among siblings and other beneficiaries. Without resolution, these disputes can drag on in probate court and deplete estate resources.

A probate attorney helps mediate disagreements, negotiate fair settlements, or represent you in litigation if needed. Their role is to make sure Florida probate laws are followed and assets are distributed equitably, protecting your rights while working to minimize family conflict.

5. Personal Representative Disputes

The personal representative, or executor, of an estate holds significant power in Florida probate. They are tasked with gathering assets, paying debts, and distributing property. But if they mishandle funds, favor certain beneficiaries, or fail to meet deadlines, the estate suffers.

Beneficiaries may petition the court to remove or replace them, but this requires evidence and proper procedure. A probate attorney can review the representative’s actions, file necessary motions, and ensure accountability. Protecting the estate’s integrity ensures all heirs receive what they are entitled to.

6. Creditor Disputes

Creditors have the right to make claims against an estate, but not all claims are valid. Some creditors file after the deadline, while others may inflate or even fabricate debts. Without legal intervention, estate assets can be wrongfully diminished.

A probate attorney carefully reviews each claim, challenges ineligible or fraudulent filings, and ensures only legitimate debts are paid. This process protects beneficiaries’ inheritances and ensures creditors don’t exploit the system.

7. Guardian or Conservatorship Disputes

When minors or incapacitated adults are involved, guardianship or conservatorship disputes can complicate probate. Disagreements may arise over who should serve as guardian, or whether the guardian is acting in the ward’s best interest.

Florida courts prioritize the protection of vulnerable individuals, but hearings can become contentious when family members disagree. A probate attorney advocates for the ward, ensures state requirements are met, and helps resolve disputes efficiently.

8. Fiduciary Duty Breach

Personal representatives and trustees are fiduciaries, meaning they must act in the best interests of beneficiaries. When they fail—by misusing funds, engaging in self-dealing, or neglecting their responsibilities—beneficiaries may challenge them in court.

Proving a fiduciary duty breach requires financial records, documentation, and legal filings. A probate attorney helps uncover misconduct, file lawsuits if necessary, and demand restitution. By holding fiduciaries accountable, you protect both the estate and your rightful inheritance from mismanagement.

9. Trust Mismanagement

Trusts often accompany estates, and trustees have strict duties under Florida law. Mismanagement may include failing to provide accounting, investing assets recklessly, or distributing property improperly. Beneficiaries who suspect wrongdoing may face resistance when seeking answers.

A probate attorney can demand transparency, request court oversight, or pursue litigation to correct mismanagement. Legal action ensures that trust assets are handled according to the trust’s terms and Florida law, protecting the financial future of those named as beneficiaries.

10. Omitted or Disinherited Heirs

Being left out of a will doesn’t always mean you’re without rights. Florida law protects certain individuals, such as surviving spouses and minor children, even if they’re not named in the will.

Disinherited heirs or those omitted by mistake may have claims under the state’s elective share laws or intestacy statutes. A probate attorney can assess your situation, determine what rights apply, and file petitions to secure your portion of the estate. This ensures that statutory protections are upheld, regardless of the will’s language.

Call Our Altamonte Estate Probate Attorneys Today

Probate doesn’t have to leave you frustrated and uncertain. At the Law Offices of Alper & Estry Karen Estry, P.A., we help families in Altamonte Springs and across Central Florida protect their loved one’s legacy, resolve disputes, and navigate the probate process with confidence.

If you are facing one of these ten situations, don’t wait until the problem escalates. Contact us today to discuss your case and find out how we can help you move forward. Call us today at (407) 869-0900 or connect with us online to schedule a consultation.