Law Offices of Paul J. Kneski, PA                                                                954-583-8765
Plantation Probate Attorney
Probate Litigation

Probate litigation is a highly specialized branch of probate practice where non-probate attorneys rarely venture. Our attorney, Paul Kneski, is equipped with 31 years of knowledge of substantive probate law and, having tried hundreds of bench and jury trials, is sufficiently versed in trial procedure.  Paul has not only the trial experience but also the substantive probate knowledge to recognize the deficiencies or strengths of his client's.

Paul works with clients on probate litigation matters including will contests.  Under Florida Law, a will must comply with the Statute of Wills. The usual will disputes involve:

Mistake in Execution:

A will in Florida is not valid unless it is :

- Signed by the testator at the end of the will,
- The signature is witnessed or acknowledged in the presence of two witnesses, and
- The witnesses must sign the will in the presence of the testator and the other witnesses.

Undue Influence:

A will may be invalid if the person making the will in Florida did not create the will or modify the will freedly or was coerced by a person who was in a position of trust and control.

Lack of Capacity:

A will in Florida may be declared invalid if when it is signed by the testator or creator did not have the requisite mental ability to understand:

- The amount and nature of the property
- Who would have normally received the property, and
- How the will disposes of the property.

Undue Influence. A Florida will may be invalid if the person making the Florida will did not create the will or modify the will freely or was coerced by a person who was in a position of trust and control.

Lack of Capacity. A Florida Will may be invalid if when the Florida Will was executed the testator or creator did not have the required mental ability to understand:

- The amount and nature of the property
- The amount of and nature of the property
- How the Will will dipose of the property

Elective Share.  A surviving spouse in Florida has the right to live in the marital home for his or her remaining years. That spouse is also entitled to a statutory minimum share of the estate, even if the testator left the spouse nothing in the will or trust.

If you are challenging a Florida will or trust, Paul will aggressively litigate to have it overturned or corrected. An earlier will or trust may be able to prevail, or a probate judge may apportion the estate as fairness and the law dictate. We can also serve as attorney for the estate to defend against claims from creditors, unhappy heirs, or those who were intentionally disinherited.

Contested Guardianship

If an appointed guardian is stealing assets or not looking out for the best interests of the ward, one can sue to have that person removed by a Florida court and petition to have another family member or a professional guardian installed.

Breach of Fiduciary Duty

If you suspect that the personal representative or trustee is stealing or siphoning off from the estate, or is otherwise unfit or incompetent to perform his or her duties under Florida Law, one can seek to have him or her removed and sue for restitution and damages under Florida Law. Our probate attorneys also defended executors and trust administrators wrongly accused of wrongdoing by those who don't understand that probate or estate administration is a long and time-consuming process and that honest mistakes can happen.

If you or someone you know needs the assistance of an experienced Florida probate attorney, contact Paul Kneski at (954) 583-8765 or complete the contact form below to arrange for a free consultation.  Our firm's legal staff speaks Spanish.

Paul J. Kneski, Esq.
Law Offices of Paul J. Kneski, PA
Plantation Medical Arts Building, Suite 110
333 N.W. 70th Avenue
Plantation, FL 33317
Tel: (954) 583-8765
E-mail:
Paulj@kneski.comcastbiz.net
Additional Office: Miami

 

 

 

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Our probate litigation attorneys represent clients in probate and trust litigation matters in Sunrise, Tamarac, Fort Lauderdale, Lauderhill, Davie, Weston, and Plantation, FL. Our estate litigation attorneys represent clients in all estate litigation and probate litigation in Broward County, Florida, including Cooper City, Sunrise and Plantation, FL.  Probate lawyers in Plantation.

Our estate and probate litigation attorneys in Plantation, FL assist families with will contests as well as trust contests. We help clients with all probate litigation claims as well as beneficiary representation, fiduciary litigation in Plantation, Fort Lauderdale, FL, Sunrise, Tamarac, Hollywood, Dania Beach, Margate, Coral Springs, Cypress Creek, and Davie, FL.  Our probate litigation attorney, Paul Kneski, a resident of Davie, Florida, represents clients in will contests, probate administration and estate litigation in Plantation, Ft. Lauderdale, Lauderhill, Pompano Beach, Deerfield Beach, Lighthouse Point and Weston, FL.  Probate lawyers in Sunrise, FL.

Our experienced probate litigation and will contest attorneys can help in this process and are available for free consultations throughout Broward County, Florida, including Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale and Hillsboro Beach, FL.  The Broward County Circuit court has jurisdiction of the decedent's estate, called a probate court, to supervise probate, administer the disposition of the decedent's prooperty according to Florida law and the decedent's intent as manifested in his or her will.  Our attorney, Paul Kneski, is an experienced probate lawyer and offers free consultations in Hollywood, Lauderhill, Lighthouse Point, Margate, Miramar, and North Lauderdale, FL. Our law firm represents families in probate and estate litigation, including will contests in Oakland Park, Parkland, Pembroke Pines, Pompano Beach, Plantation, Sunrise, Weston, Wilton Manors, and Ft. Lauderdale, FL. Palm Beach lawyers. 
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Our attorney, Paul Kneski, represents  administrators, represents executors, personal representatives - the person tasked with carrying out the instructions in the will, throughout Broward County, Florida, including Sunrise, Fort Lauderdale, Oakland Park, Davie, and Plantation, FL.  Davie, FL probate attorneys. West Broward probate litigation attorneys experienced in representing family members who are grieving.
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Our lawyer, Paul Kneski, of Kneski & Kneski with law offices in Miami and Plantation, is experienced in all probate, trust and guardianship litigation as well as probate administration, will contests and estate litigation and routinely represents individuals and families throughout Broward County, including Ft. Lauderdale, Tamarac, Davie, Cooper City, Weston, Pompano Beach
, Hollywood and Sunrise, FL.  Sunrise FL probate law firms.

From our law firm's offices in Plantation, Florida and downtown Miami, Florida, Paul Kneski, our estate and probate attorney helps families and individuals in Hollywood, Pembroke Pines, Tamarac, Plantation, FL as well as Sunrise and Fort Lauderdale, FL. 
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Kneski and Kneski helps family members in litigation of claims against estates, locating heirs, fiduciary representation, and probate and trust litigation, and guardianship administration. Our Broward County Florida probate law firm represents family members in will contests with allegations that that decedent was mentally incompetent at the time the will was signed.  Will contest lawsuits in Broward County.  Will contest litigation in Broward, FL. Litigation attorneys experienced in probate matters in FL.  Probate litigation in Broward County Florida, including Sunrise and Ft. Lauderdale. Stuart auto accident law. Litigation lawyers in Broward County experienced in probate law.  FL Probate laws.