Death brings grief and loss. The last thing families need is a courtroom battle over the estate. Yet probate litigation happens frequently in Miami. Families who loved each other split apart over money and property. Legal fees consume the very assets everyone fights to claim.
Most probate cases proceed smoothly. The executor follows the will, pays debts, and distributes assets to beneficiaries. But some estates trigger fierce disputes that only judges can resolve.
Understanding why families end up in probate court can help you avoid these costly battles. At Compo Law Firm LLC, we help Miami families navigate probate disputes and work to resolve conflicts before they escalate into expensive litigation.
When Wills Cannot Be Found or Questioned
Missing estate planning documents create immediate problems. The deceased told family members they had a will, but no one can locate it. Relatives search the house, check safe deposit boxes, and contact attorneys. The will never appears.
Without a valid will, Florida’s intestacy laws determine who inherits. These statutory rules often contradict what the deceased wanted. Family members who expected inheritances receive nothing. Distant relatives who barely knew the deceased suddenly claim shares of the estate.
Even when a will exists, family members sometimes question its validity. They argue the document lacks proper signatures or witness attestations. They claim the deceased signed multiple conflicting wills. These validity disputes force courts to determine which document, if any, controls the estate.
Allegations of Undue Influence and Lack of Capacity
Some family members believe the will does not reflect the deceased’s true wishes. They suspect a relative or caregiver manipulated a vulnerable person into changing their estate plan.
Undue influence claims arise frequently when elderly people execute new wills shortly before death. A child who provided daily care suddenly receives the entire estate. Siblings who maintained distant relationships get nothing. The excluded family members cry foul and file lawsuits.
Mental capacity challenges raise similar concerns. Family members argue the deceased lacked the mental ability to understand what they signed. Dementia, medication side effects, or illness may have clouded judgment during the will signing.
Courts examine medical records, witness testimony, and the circumstances surrounding the will’s execution. These cases often become battles between competing medical experts and family members with conflicting accounts.
Fighting Over Who Should Serve as Personal Representative
The personal representative (executor) controls the entire probate process. This person manages assets, pays debts, and ultimately distributes property to heirs. The role carries significant power and responsibility.
Sometimes wills name personal representatives who cannot or will not serve. The designated person has died, moved away, or simply refuses the job. Family members then fight over who should fill this crucial role.
Even when a will clearly names a personal representative, beneficiaries sometimes object. They claim the designated person lacks qualifications, holds conflicts of interest, or has already mismanaged estate assets. Courts must decide whether to honor the deceased’s choice or appoint someone else.
When Personal Representatives Breach Their Duties
Personal representatives must follow strict legal rules. They cannot favor certain beneficiaries over others. They cannot use estate assets for personal benefit. They must keep detailed records and communicate regularly with heirs.
Beneficiaries often accuse personal representatives of mismanagement. They claim the representative sold property too cheaply, made poor investment decisions, or delayed distributions unnecessarily. They suspect the representative is hiding assets or paying themselves excessive fees.
These disputes require court intervention to investigate the representative’s actions, review financial records, and determine whether breaches occurred. Courts can remove representatives who violate their duties and hold them personally liable for losses.
Property Valuation Disagreements
Estates contain various assets with debatable values. Real estate appraisals differ depending on the appraiser and methods used. Business interests, artwork, jewelry, and collectibles all require professional valuations that family members might dispute.
One heir wants to keep the family home and argues for a low appraisal. Siblings who prefer cash sales demand higher valuations. These conflicting interests create disputes over fair market values and equitable distributions.
Personal property causes surprising conflicts. Family members fight over furniture, photographs, and items with more sentimental than monetary value. Everyone wants grandmother’s wedding ring or dad’s fishing boat. The will provides no guidance on these specific items, leaving heirs to battle it out.
Creditor Claims That Drain the Estate
Creditors have limited time to file claims against estates. Some claims are legitimate debts the deceased owed. Others are questionable or fraudulent attempts to grab estate assets.
Personal representatives must evaluate each claim carefully. Beneficiaries often object when representatives pay debts they consider invalid. Family members argue that certain creditors should not be paid or that the amounts claimed are excessive.
These disputes require legal analysis of debt validity, statute of limitations issues, and priority of payments under Florida law.
Title Problems and Ownership Disputes
Real property sometimes has unclear ownership. The deceased owned property jointly with someone else, but the nature of that ownership is disputed. Was it joint tenancy with rights of survivorship? Tenancy in common? Community property?
These technical distinctions determine whether property passes through probate or transfers automatically to the surviving owner. Family members fight over these classifications when significant money is at stake.
Preventing Probate Litigation
Clear, professionally drafted estate planning documents prevent many disputes. Regular updates ensure your plan reflects current wishes and family situations. Communicating your intentions to family members reduces surprises and resentment.
Choosing a qualified, neutral personal representative helps avoid management disputes. Detailed inventories and appraisals establish values everyone can accept.
We help families resolve probate disputes through negotiation when possible and litigation when necessary. Our experience with Miami probate courts helps us protect your interests efficiently and work toward resolutions that honor the deceased’s wishes while preserving family relationships whenever possible.