Probate estate litigation encompasses all forms of contested matters arising in a probate matter. Some of the contested issues in Florida probate law resulting in litigation, include:
- the validity of the decedent’s last will and testament
- construing the terms of an ambiguous will
- spousal share election under the elective share statute
- pretermitted spouse and child issues
- excessive fiduciary or attorneys’ fees
- creditor claims
- breach of fiduciary duty by the personal representative
- improper accountings
- recovery of estate assets and a plethora of other potential issues involving wills and trusts
