Probate, Wills and Trusts
KALIS, KLEIMAN & WOLFE represent clients with Estate, Will, Trust, Digital Estates, and Probate issues, particularly those involved in: Estate Litigation, Will Contests, Probate Litigation, unwarranted influence, guardianship disputes or lack of mental capacity lawsuits. Our firm has the experience and knowledge to represent individuals, heirs, beneficiaries, and family members adversely affected by an honest mistake, by a misunderstanding, or by outright fraud and dishonest behavior.
Estate administration procedures are often complicated. To help ensure your last wishes are carried out, KALIS, KLEIMAN & WOLFE will help you safeguard your assets and make sure your property is protected for your family.
Sometimes, during the probate process, the validity of a Will is challenged. Challenges are often based upon errors in execution, unwarranted influence on the deceased when the Will was created, and incompetence of the deceased when the will was created.
Even if a person dies with a Will, a court generally has to have an opportunity to allow others to object to the Will and to determine if the Will is valid, because it is always possible that:
- There was a later Will (which, if valid, may replace the older Will); or
- The Will was made at a time the deceased was not mentally competent to make a Will, or
- The Will was the result of fraud, mistake, or “undue influence”; or
- The Will was not properly “executed” (signed); or
- The so-called Will is actually a forgery; or
- For some other reason (such as a pre-existing contract) the Will is not fully valid; or
- There are other claims against the deceased’s estate that impact what the beneficiaries under the Will would receive.
All the property owned by the deceased at the time of death may be included in the estate and subject to probate. This could include bank accounts, Certificates of Deposit, investment and retirement accounts. It could also include the deceased’s real estate holdings and personal property, such as automobiles, boats, jewelry, furniture, and artwork. The probate process also provides mechanisms for payment of outstanding estate debts and taxes, for setting a deadline for creditors to file claims (foreclosing the possibility that old or unpaid creditors will haunt heirs or beneficiaries), and for the distribution of the remainder of the estate to the rightful heirs.
KALIS, KLEIMAN & WOLFE is familiar with every aspect of the probate process. Our attorneys have a clear and complete understanding of Florida Probate laws and process; and we will assist you with the probate system and with drafting Wills. While some Will Contests have been known to drag on for many years our experienced attorneys will help to expedite the process and will give you honest advice about what might serve your interests best.
For more information, contact us. We welcome your inquiries.