St. Augustine Estate Litigation Attorney
Estate Litigation Services in St. Augustine, FL
When disputes arise over a will, trust, or the administration of an estate, emotions often run high, and relationships can be strained. Estate litigation requires a careful blend of legal knowledge, strategic planning, and sensitivity to the personal dynamics involved. At Owenby Law, P.A., our team is committed to helping clients in St. Augustine, FL, navigate these complex matters with skill, discretion, and a focus on achieving the best possible outcome.
Contact Owenby Law, P.A. for an initial consultation and see how our estate litigation attorneys in St. Augustine can help you resolve your matter with confidence.
What is Estate Litigation?
Estate litigation refers to the legal process of resolving disputes related to a person’s estate after their passing. These disputes can involve a variety of issues—ranging from contested wills to accusations of fiduciary misconduct—and often require formal court intervention.
In many cases, estate litigation arises when beneficiaries, heirs, or other interested parties believe that something about the estate’s administration or the validity of estate documents is improper, unfair, or unlawful. Because estate laws in Florida are specific and deadlines for filing claims are strict, working with an experienced St. Augustine estate litigation lawyer is critical for protecting your rights.
Common Reasons to Litigate an Estate
While every situation is unique, certain disputes frequently lead to estate litigation. Some of the most common include:
Will Contests
Beneficiaries or heirs may challenge a will on the grounds of:
- Lack of testamentary capacity – Claiming the decedent was not mentally competent when creating the will.
- Undue influence – Alleging someone manipulated the decedent into altering their estate plan.
- Improper execution – Arguing the will was not signed or witnessed in accordance with Florida law.
- Fraud or forgery – Suggesting the will was falsified or altered without authorization.
Trust Disputes
Trust litigation can arise when:
- The trust language is unclear or contradictory.
- Beneficiaries believe the trustee has breached their fiduciary duties.
- There are disagreements over the interpretation of trust provisions.
Breach of Fiduciary Duty
Executors, personal representatives, and trustees are legally obligated to act in the best interest of the estate and its beneficiaries. Litigation may occur if:
- They mismanage assets.
- Fail to provide required accountings.
- Engage in self-dealing or misuse funds.
Disputes Over Asset Distribution
Heirs or beneficiaries may disagree about how assets are to be distributed, especially if estate documents are vague or conflicting.
Guardianship & Conservatorship Challenges
Challenges can arise when there are disputes about the appointment or actions of a guardian or conservator, either before or after the decedent’s death.
The Legal Process of Estate Litigation
Estate litigation in St. Augustine typically involves several key steps. While the exact process depends on the nature of the dispute, the general outline is as follows:
1. Case Evaluation
Your attorney will review all relevant documents, including wills, trusts, deeds, account statements, and correspondence, to assess the strength of your case.
2. Filing or Responding to a Petition
The dispute is formally initiated in probate court through a petition or complaint. If you are defending against a claim, your attorney will prepare a response.
3. Discovery
Both sides exchange evidence and information through depositions, interrogatories, document requests, and subpoenas.
4. Mediation & Settlement Negotiations
Florida courts often encourage mediation to resolve disputes without a trial. Many estate litigation cases settle at this stage, saving time, money, and emotional strain.
5. Trial
If settlement is not possible, the case proceeds to trial. Your attorney will present evidence, call witnesses, and argue your position before a judge.
6. Post-Judgment Actions
After a verdict, additional steps such as appeals or enforcement of the judgment may be necessary.
Estate Litigation FAQs
How long does estate litigation take in St. Augustine?
The timeline varies depending on the complexity of the case, the willingness of parties to negotiate, and the court’s schedule. Some cases resolve in a few months, while others can take a year or more.
Can a no-contest clause stop me from challenging a will?
Florida law generally does not enforce “no-contest” clauses in wills, meaning you can still contest a will without automatically forfeiting your inheritance.
What is the deadline to contest a will in Florida?
In many cases, you have 90 days from receiving a Notice of Administration to contest a will. Missing this deadline can bar your claim.
Do I need an attorney for estate litigation?
Yes. Estate litigation involves complex legal and procedural rules, and a skilled St. Augustine estate litigation attorney can significantly improve your chances of success.
Can estate disputes be resolved without going to court?
Yes. Mediation and negotiation are often successful in resolving disputes without a full trial, saving time and reducing costs.
Speak with a St. Augustine Estate Litigation Lawyer Today
If you are facing an estate dispute, you don’t have to navigate the process alone. At Owenby Law, P.A., we are committed to protecting your rights, preserving your interests, and guiding you through every step of the litigation process.
Call (904) 674-8779 to connect with our compassionate, knowledgeable legal team.
