The passing of a loved one, no matter under what circumstances, can be a time of intense grief and emotional and physical strain – a burden that can be compounded by having to navigate an often confusing maze of administrative and legal bureaucracy and paperwork. Unfortunately, it can also be a time of contention, justified or not, over the intentions of the deceased and the appropriate allocation of assets.

That holds doubly true when an individual has been tasked with acting as the personal representative (sometimes referred to as executor) overseeing the disposition of an estate, which can combine sometimes daunting responsibilities with fiduciary duties and even legal liability.

The good news: the seasoned and sensitive team of Probate and Trust Administration attorneys at Tripp Scott can affordably and reliably help ease that burden by not just guiding you through the probate process, but also providing a stout defense against challenges – or when appropriate, ensuring full representation in ensuring fair, competent and honest allocation of estates or implementation of associated trusts and other arrangements.

Expert and Sensitive Probate Administration

Probate is the legal process by which the assets and liabilities of an individual are identified, organized and distributed; the decedent’s financial affairs and other obligations are wound up; and his or her intentions interpreted and carried out upon that person’s death.

In the state of Florida, this process can sometimes be completed via  fairly informal procedures called “summary administration” or “disposition without administration” for less complex and smaller estates. In larger and more involved cases, the matter will require a formal administration, where a probate judge is called upon to determine how the estate will be administered and to whom assets will be distributed, ideally but not always in accordance with a will expressing the wishes of the decedent.

The attorneys of Tripp Scott are deeply familiar with the laws and legal institutions governing and overseeing the different types of administration, trained in probate processes and procedures and skilled in providing not only an expeditious administration of the estate of a decedent but also the sensitive service that should be a part of the orderly winding up of affairs of a lost loved one.

Litigation

At times, legal action is required to protect the rights of family members or others with a relationship to the decedent, see that the decedent’s wishes are properly carried out, or to ensure that the will or associated legal instruments are faithfully and honestly executed.

Litigation or other legal action may be necessary when, for example:

• a will or other instrument is unclear regarding who should inherit a certain item of property, how much a person should receive or how or whether other wishes of a decedent should be honored

• an heir or another party with a potential interest in the decedent’s estate believes he or she is being deprived of a rightful inheritance or other consideration due to unethical, illegal or other questionable circumstances

• an executor or a trustee may have improperly carried out the provisions of the instrument involved or even misappropriated property.

The litigation department of Tripp Scott is accomplished at helping heirs and beneficiaries recover their inheritances and bequests, as well as defending wrongfully accused trustees and personal representatives from false accusations of failing to properly perform their duties.

We are equipped to handle matters from the initial pre-litigation investigation through trial and, if necessary, appeal.