Miami Probate Litigation Attorneys
Experienced Probate Litigation Representation in Coral Gables
Probate administration is the process of legally distributing a person’s assets in probate court after they pass away. Many disputes can arise during the probate administration process that require litigation and resolution by the court. Hertz // Sager has experience and knowledge representing beneficiaries, personal representatives, and creditors in all matters of probate litigation and in obtaining successful resolutions for their clients, whether through litigation or settlement agreements after the initiation of litigation.
Generally, probate litigation arises after a person or entity receives a Notice of Administration. This is a formal document that alerts all interested parties of the decedent’s death, the filing of a will for probate (if a will exists), the filing of a petition for administration of estate assets, and that an objection to the probate proceedings must be commenced within a certain time period or be forever barred.
Our attorneys provide experienced representation for probate litigation matters. Call (754) 704-1894 to schedule a consultation.
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Real Feedback From Individuals Who Trusted Us With Their Cases.
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“Katie Sager exemplifies integrity, compassion, and determination in everything she does. She has an unwavering commitment to helping others and, among everything else, is incredibly trustworthy.”- Brittany A.
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“Christy Hertz and Katie Sager both attended to my family as if they were dealing with a familial issue of their own. They always made sure our concerns were voiced in court and kept us informed of the process every step of the way.”- Kristal A.
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“I shopped around for legal representation, and immediately knew that Katie Sager was it. She did what was best for both me and my family, and I'm forever grateful! She has a team of all-stars and has helped me through every twist and turn.”- J M.
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“Attorney Cristy Hertz and her firm were very professional and successfully assisted my family with personal legal matters. Her personal attention to detail and taking the time to really listen to my concerns was monumental.”- Malia P.
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“Christy Hertz and Katie Sager helped me successfully get through my divorce. They understood my wishes and were able to communicate effectively with the opposing attorney. They explained each step of the process with clarity and patience.”- Melinda B.
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“Christy and Katie are experienced, professional, and honest, and attentive to detail. When it comes to family law issues, it's easy to let emotions cloud your judgment, so it's important to have attorneys who give a realistic view of your case.”- Julieth F.
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“I highly recommend Hertz Sager. The team is very professional, educated, attentive, and understanding. They helped resolve my divorce and achieve my goals. During the lowest time of my life, the team made sure that I was informed of every step in my case.”- Marta M.
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“Christy Hertz, Katie Sager, and their staff were committed to ensuring the best outcome during my divorce. As a result of their professionalism and negotiation, my divorce settlement protected my assets and allowed me to close that chapter of my life.”- Tracy S.
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“Christy Hertz and Katie Sager are such an amazing family law team. They helped me navigate through a difficult time with compassion and patience. Having such a caring, committed team on my side made this unpleasant time in my life less stressful.”- Angela H.
Types of Probate Litigation
There are several grounds for contesting a decedent’s will, including:
- Mistake in Execution – Florida Statute §732.502 sets forth the execution requirements for a valid will in the State of Florida. If any of these provisions are not met, then the document is not a valid will under Florida law.
- Undue Influence – The undue influence required for invalidation of a will is conduct amounting to duress, force, or coercion to such a degree that the testator’s free agency and willpower are destroyed.
- Lack of Testamentary Capacity – According to §732.501, a person must be of sound mind in order to make a will. The requirement of mental soundness generally means that the testator must be able to generally understand the nature and extent of the property devised, the relationship between the testator and the natural objects of the testator’s bounty, and the nature of the testamentary act.
- Probate litigation can also involve the following: determination of heirs, elective share litigation, breach of fiduciary duties, removal of the fiduciary, and accounting problems.
If you are in need of qualified probate attorneys for any litigation issue related to the administration of an estate, contact Hertz // Sager online or call (754) 704-1894.
