Probate Disputes and Litigation Attorney in Brandon
Probate disputes can split families and delay estate distribution. Curry Law Group resolves probate conflicts through negotiation and litigation.
Table of Contents
Will Contests
A will can be challenged based on lack of testamentary capacity, undue influence, fraud, or improper execution. Challenges must generally be filed within time limits. We contest or defend against will challenges.
Beneficiary Disputes
Disagreements between beneficiaries arise over asset distribution, executor conduct, or fairness of treatment. We mediate disputes or litigate to protect our clients' beneficiary rights.
Executor Misconduct
Executors must act in beneficiaries' interests, avoid self-dealing, and account for all assets. Breach of fiduciary duty justifies removal and damages. We pursue executor misconduct claims.
Trust Disputes
Trust disputes involve trustee misconduct, interpretation of trust terms, or beneficiary claims. Trustee breaches of fiduciary duty can result in removal and damages.
Frequently Asked Questions
Can I contest a will? Yes, if you have standing (are an interested party) and grounds like incapacity or undue influence. What is undue influence? Pressure or manipulation by another to change the will in that person's favor. What is lack of testamentary capacity? Lack of mental ability to understand the nature and extent of assets, understand family situation, and make disposition decisions.
Contact Curry Law Group Today
For probate disputes, Curry Law Group resolves conflicts and protects your interests. Call 813-653-2500 for a consultation.
Serving the Greater Tampa Bay Area
Our attorneys represent clients across Hillsborough County. Explore this practice in your community:
Ready to Discuss?
Call today for a free probate disputes consultation.
813-653-2500Submit Case DetailsKey Legal Terms
Important Estate Law Terms
Understanding these terms can help you make informed decisions about your case.
Ancillary Probate
A separate probate proceeding in a state where a deceased person owned property, in addition to the main probate in their home state. It is often needed for Florida real estate owned by non-residents.
Read full definitionBeneficiary
A person or entity named to receive property or benefits from a will, trust, or insurance policy. Beneficiaries may be primary or contingent if the primary beneficiary cannot inherit.
Read full definitionCodicil
A formal amendment or addition to an existing will. In Florida, a codicil must be executed with the same formalities as a will — signed and witnessed.
Read full definitionElective Share
A surviving spouse's right under Florida law to claim a portion of the deceased spouse's estate — generally 30% — even if the will leaves the spouse less or nothing.
Read full definitionEstate Administration
The legal process of transferring a deceased person's property to the rightful heirs or beneficiaries, whether or not there was a will. It ensures debts are paid and assets are distributed correctly.
Read full definitionEstate Tax Planning
A legal plan to reduce or avoid estate taxes on assets passed to heirs. It uses tools like trusts, gifts, and marital deductions to preserve more wealth for beneficiaries.
Read full definitionStart Consultation
Get Legal Help Today
Speak With an Attorney
Confidential case review. No obligation.
Quick Resources
Forms & Common Questions
Get immediate answers and the right intake forms for your matter.
Related Legal Forms
Estate Planning Questionnaire
Comprehensive form covering assets, liabilities, and beneficiaries for estate planning.
Wills Information Questionnaire
Detailed questionnaire for will preparation including guardians, trustees, and beneficiaries.
Wills Client Questionnaire
Client intake questionnaire specifically for will drafting and estate distribution.
Probate Questionnaire
For probate administration after a loved one passes — includes asset inventory.
Top-Asked Questions
Yes. A will lets you control how your property is distributed and who raises minor children. A revocable living trust avoids probate (saving time/money), provides privacy, and manages your affairs if you become incapacitated. Many people benefit from both. We recommend consulting an estate attorney to determine what's right for your situation.
Probate is the court process that authenticates your will and distributes property. In Florida, it typically takes 6 months to 2 years depending on complexity and asset value. It's public, can be expensive, and ties up assets. A properly drafted trust avoids probate entirely.
A will only takes effect after death and goes through probate. A living trust takes effect immediately, avoids probate, provides privacy, and lets you manage your affairs if incapacitated. Trusts are more complex but offer significant advantages for most people. We help you decide which documents you need.
You create a durable power of attorney (for financial decisions) and health care power of attorney (for medical decisions). These documents let you name someone to make decisions if you become unable to. Without them, your family must go to court for guardianship—expensive and public. Plan ahead to avoid this.
Florida has no state estate tax, but federal estate tax applies to estates over $13.61 million (2024). Your estate might still owe federal taxes, and beneficiaries inherit property at stepped-up basis (reducing capital gains tax). Proper planning minimizes taxes. We help structure your estate tax-efficiently.
Know Your Rights
Ready to Know Your Rights?
Our attorneys are ready to listen and fight for you. Reach out today.
Proudly serving the Greater Tampa Bay Area