probate litigation/ will contests

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Probate litigation is a highly specialized branch of probate practice where non-probate attorneys rarely venture. Our attorney, Paul Kneski, is equipped with over forty (40) years of knowledge of substantive probate law.  Having tried numerous bench and jury trials, Paul is well 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 cases. 

Paul handles all 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

- 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 freely or was coerced by a person who was in a position of trust and control.  Often a relative, neighbor or care taker will induce an elderly person who is frail, sick and/or in a weakened mental state to change their will, wrongfully depriving the intended heirs of their inheritance.  

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 

- How the will disposes 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.  Paul is also able to 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.  Paul also defends executors and trust administrators wrongly accused of wrongdoing.

If you or someone you know needs the assistance of an experienced Florida probate attorney, contact Paul J. 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 

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