Florida Probate Lawyer | Adrian Philip Thomas, P.A.

Time 2020-12-24 01:05:05

Web Name: Florida Probate Lawyer | Adrian Philip Thomas, P.A.

WebSite: http://www.florida-probate-lawyer.com

ID:144087

Keywords:

Lawyer,Probate,Florida,

Description:

More than One Hundred Twenty Five Million Dollars ($125,000,000) In verdicts & settlements Undue influence is a cause of action used to challenge the validity of a testamentary document (for example, a Last Will Testament or a Trust), deeds and other inter vivos – or during life – transfers. read more Family members, beneficiaries, heirs, personal representatives of estates, creditors, and others with interests in the estates of Floridians may all be faced with the need to file a lawsuit in order to protect and secure their interests. read more The dramatic increase of cases challenging the validity of wills based on the deficient mental capacity of the person making the will has been measured and verified. read more Undue influence is a cause of action used to challenge the validity of a testamentary document (for example, a Last Will Testament or a Trust), deeds and other inter vivos – or during life – transfers. read more Family members, beneficiaries, heirs, personal representatives of estates, creditors, and others with interests in the estates of Floridians may all be faced with the need to file a lawsuit in order to protect and secure their interests. read more The dramatic increase of cases challenging the validity of wills based on the deficient mental capacity of the person making the will has been measured and verified. read more What is your probate or trust litigation question? ask now Florida Probate Adrian Philip Thomas, P.A. is a boutique law firm specializing in probate litigation, trust litigation, estate litigation and guardianship litigation.  The Florida probate lawyers at the firm also handle uncontested Florida probate, trust, estate and guardianship administrations.As a young lawyer 25 years ago, founding partner Adrian Thomas began his practice of law in the estate planning and estate administration areas.  He soon realized that Florida’s large, affluent elderly population made it a hotbed for abuse and subsequent estate litigation.  Nearly 20 years ago, Mr. Thomas decided to open his own law Florida probate law firm specializing in estate and trust litigation.  The boutique law firm has represented thousands of clients in estate-related disputes, both prosecuting and defending, across the State of Florida.  The causes of action include undue influence, lack of capacity, tortious interference with an inheritance and breach of fiduciary duty.  (Scroll down and click on tiles below for more Florida probate information.) The Florida probate lawyers at Adrian Philip Thomas, PA know there are only a handful of fact patterns and you see them over and over again.  Sometimes it is a second marriage and the surviving spouse who was entrusted to honor an estate plan diverts the money to his or her own children; sometimes it is a ne’er-do-well child who returns to “assist” an elderly parent and ends up helping himself or herself to the assets; sometimes it is a caregiver who exploits the elderly person dependent upon them; sometimes is it a paramour who interferes with the parent-child relationship; and sometimes it is a trustee who is being arbitrary or vindictive with the beneficiary.  One thing is certain, with the biggest wealth transfer in history of approximately $30 trillion dollars from Baby Boomers to Gen X or Millennials, there is no end in sight to the issues giving rise to Florida probate litigation. Florida probate and trust litigation are complex areas of the law and require specialized knowledge.  You wouldn’t go to a family practitioner if you needed brain surgery and you shouldn’t go to just any law firm if you need representation in a Florida probate or trust litigation matter.  It is an abstract and nuanced area of the law fraught with traps for the unwary.Click here to download the APTPA Brochure to learn more about the Florida probate lawyers at Adrian Philip Thomas, P.A. What wonderful news. I was thrilled to find out that this mess is finally over and that my girls will finally get what my Mom would have wanted them to have. Now everyone can get back to a normal life. I have learned so much with this challenge; it’s made me a better person to be more gracious and in life choose your battles carefully. Be as honorable as one can possibly be. I can’t thank you enough. You have been brilliant throughout this whole case. Thank you seems as though it is not enough. Thank you. Thank you. Thank you so much for everything that you have done for us. read more testimonials powered by BirdEye Breach of Fiduciary Duty In Florida probate, personal representatives of estates, guardians, and trustees are all fiduciaries and therefore must act within the highest legal and ethical standards or face exposure to personal financial liability in breach of fiduciary duty lawsuits. read more Elective Share Litigation In 1999, the Florida legislature substantially revised the elective share laws to make them more expansive and to ensure that a surviving spouse could not be left with nothing. read more Exploitation (Abuse) of the Elderly Florida Statute §415.1111 provides a civil cause of action for abuse of the elderly, to wit: ” A vulnerable adult who has been abused, neglected, or exploited as specified in this chapter has a cause of action against any perpetrator and may recover actual and punitive damages for such abuse, neglect, or exploitation. read more Guardianship Litigation Under Florida law, an individual can be placed under the care and control of another person, who acts as their “guardian” if certain legal criteria can be established. Much Florida Guardianship Litigation occurs at the inception of a guardianship when an alleged incapacitated person wants to fight against imposition of guardianship. read more Probate & Guardianship Generally, the term “probate” is used in connection with the process of administering a decedent’s estate; however, in Florida, the probate court has jurisdiction over both probate and guardianship matters. Guardianship is the state-supervised process of managing a person and/or his property if he is unable to manage them for himself. Probate is the state-supervised process of managing a decedent’s probate assets. read more Tortious Interference with an Expectancy Tortious interference with an expectancy is a “tort” or a wrongful act that causes harm to another person, in this case economic harm and allows for compensatory and punitive damages. read more Trust Disputes There are many times when trustees, beneficiaries, or others with an interest in the trust’s assets will challenge a trust, the actions of a trustee, or the validity of the trust itself and lawsuits will be filed. read more Will Contests A Florida Will Contest is a law suit brought to challenge the validity of a Will, usually on the grounds of lack of capacity or undue influence. read more Estate, trust, probate and guardianship litigation are ever-developing areas of the law in Florida. The Florida Probate Lawyers at the Law Offices of Adrian Philip Thomas, P.A. have been practicing in the Florida inheritance dispute area since 2002 and have represented more than 3,000 clients in estate-related disputes, both prosecuting and defending, with a wide variety of causes of action. Our firm has a breadth of experience unique to a boutique law firm and our attorneys have varied backgrounds that make them extraordinarily well-suited for specialty area. We have attorneys with backgrounds in estate planning, uncontested probate and guardianship, law enforcement, and guardianship advocacy, all of which play an important role in cases involving exploitation of the elderly and Florida inheritance disputes. Founding partner Adrian Thomas is “AV” rated by Martindale Hubbell, 10-Superb rated by Avvo and was voted among Florida’s Legal Elite by Florida Trend magazine in 2008, 2009, 2010 and 2011. Mr. Thomas has also been recognized by Forbes Florida Legal (2012) and has been a Top-Rated Trust & Estates Lawyer in The American Lawyer and one of South Florida’s Top-Rated Lawyers every year since 2012. Mr. Thomas has a Master of Laws in estate planning from the University of Miami and has been a frequent speaker at continuing legal education seminars. The attorneys at Adrian Philip Thomas, P.A. understand that while clients are best served by first attempting to negotiate an honest, fair and prompt resolution to a dispute, it often becomes necessary for an estate attorney to litigate in order to preserve and protect a family member’s personal rights and assets or a client’s inheritance. Estate, trust, probate and guardianship litigation are ever-developing areas of the law in Florida. The Florida Probate Lawyers at the Law Offices of Adrian Philip Thomas, P.A. have been practicing in the Florida inheritance dispute area since 2002 and have represented more than 3,000 clients in estate-related disputes, both prosecuting and defending, with a wide variety of causes of action. Our firm has a breadth of experience unique to a boutique law firm and our attorneys have varied backgrounds that make them extraordinarily well-suited for specialty area. We have attorneys with backgrounds in estate planning, uncontested probate and guardianship, law enforcement, and guardianship advocacy, all of which play an important role in cases involving exploitation of the elderly and Florida inheritance disputes. Founding partner Adrian Thomas is “AV” rated by Martindale Hubbell, 10-Superb rated by Avvo and was voted among Florida’s Legal Elite by Florida Trend magazine in 2008, 2009, 2010 and 2011. Mr. Thomas has also been recognized by Forbes Florida Legal (2012) and has been a Top-Rated Trust & Estates Lawyer in The American Lawyer and one of South Florida’s Top-Rated Lawyers every year since 2012. Mr. Thomas has a Master of Laws in estate planning from the University of Miami and has been a frequent speaker at continuing legal education seminars. The attorneys at Adrian Philip Thomas, P.A. understand that while clients are best served by first attempting to negotiate an honest, fair and prompt resolution to a dispute, it often becomes necessary for an estate attorney to litigate in order to preserve and protect a family member’s personal rights and assets or a client’s inheritance. We can make a difference. Call now for a complimentary consultation. Toll Free 1-800-249-8125 Undue influence, as it is required for invalidation of a will, must amount to over-persuasion, duress, force, coercion, or artful or fraudulent contrivances to such a degree that there is destruction of the free agency and will power of the one making the will. Mere affection, kindness or attachment of one person for another may not of itself constitute undue influence. Heasley v. Evans, 104 So.l 2d 854, 857 (Fla. 2d DCA 1958). Experienced estate attorneys always counsel families to avoid a legal fight – if they can When a loved one or family member dies, fights and controversies can arise concerning the property that must be distributed after death. At our firm, we believe that estate lawyers representing beneficiaries, heirs, friends, family members, or designated charities in the Last Will Testament or other testamentary documents (for example, a Trust) should attempt at first to informally negotiate an honest, fair and prompt response to any estate dispute or probate problem. Florida probate lawyers see many emotional disputes over property because a large segment of the state’s population is retired senior citizens. Often, the experienced counsel of an estate attorney to the grieving parties can be enough to resolve the property issues quickly and in a satisfactory manner for everyone. Sometimes, a legal fight cannot be avoided – negotiated settlements In some matters, problems are more serious and probate lawyers will need to find a more structured resolution to the controversies. Whether a family is facing a Florida will contest, trust litigation or probate lawsuit, an experienced probate lawyer can organize a more formal settlement process and thereafter structure the settlement to protect the client’s rights. There will be occasions of wrongdoing — a full probate lawsuit in a Florida courtroom can be necessary Unfortunately, there will be occasions where the death of a loved one or family member may be followed by a lawsuit over his property — and this lawsuit will be a necessity. The veteran probate lawyers at Adrian Philip Thomas, P.A. have seen many situations where only a courtroom challenge can stop wrongdoing that has occurred. When a family member, second spouse, neighbor, or home health care aid improperly places himself into a Last Will and Testament or Revocable Trust — and that defendant refuses to negotiate fairly — it may become crucial for a probate lawyer to file a lawsuit and litigate the case in a Florida courtroom to have an inheritance or gift protected and returned. Adrian Philip Thomas, P.A. is a law firm of Florida probate lawyers respecting the wishes of the decedent while serving the interests of the client in both will contest and trust controversies Wills. Whether an estate dispute rises to the level of a Florida will contest or is best resolved by informal negotiations or structured settlements is an issue to be determined by an experienced Florida probate lawyer, who can honestly evaluate the merits of the case with a client.For example, in a Last Will and Testament dispute, an heir usually has some basic facts to support that he has been unfairly omitted from the will, removed from the trust, or not included in the estate administration or probate process. At our firm, experienced probate lawyers investigate these facts to determine whether a case exists. In the case of surviving spouses, Florida law provides an elective share for widow(ers) of up to 30 percent of the decedent’s estate in lieu of what the will provides.How? We believe that a good, aggressive estate lawyer combines the client’s beliefs with the opinion of the estate attorney. The probate lawyer take the facts and then adds the Florida statutory and case law that establishes clear rules regarding probate litigation and grounds for a will contest. Together, these will assist the client in making the final decision on whether to retain an estate attorney and to proceed with the matter. Mr. Thomas and his team of estate attorneys are very capable of combining these numerous factors to advise potential clients. What kind of lawsuits or will contest? Evaluating facts and evidence with an experienced probate lawyer like Mr. Thomas may lead to the conclusion that grounds exist to support a lawsuit for an undue influence claim (challenging whether the testator freely and voluntarily made a will) or a lawsuit based on lack of testamentary capacity (challenging whether the testator had sufficient mental capacity to understand the nature, details and ramifications of a Will).Regardless of the actual lawsuit filed, the analysis must be done in a comprehensive manner by an experienced Florida probate lawyer before engaging in estate litigation or a probate challenge. For example, the estate attorney may discover that the witnesses to the Last Will and Testament did not sign in the presence of the testator or each other, which causes the will to be invalid under Florida law, and presents additional grounds to file a lawsuit. What about trusts? Trust litigation may challenge the validity of a trust in a manner similar to a Florida Will Contest, where undue influence or lack of capacity are alleged, or it may include a trust construction proceeding, where an estate lawyer is hired to seek court interpretation of the document language to determine the rightful trust beneficiaries. Trust construction is necessary when the trust document is unclear or is contradictory regarding the identity of beneficiaries, the allocation of estate and/or income taxes, the interests of lifetime beneficiaries, interests of remainder beneficiaries or the operation of gift and distributive property provisions. The probate lawyer is hired to obtain the Florida judge’s decision on how the trust language should be read. Trust reformation is another specialized area of trust litigation. Here, the court is asked to reform or change a trust, either to fix a trust problem or to modify it to reflect the true intention of the testator. Sometimes, our firm is hired by a beneficiary to monitor the trustee’s activities or to compel a fair and accurate accounting. Other times, we are hired by the trustee to help ensure that he or she is doing the job correctly and not inadvertently breaching a fiduciary duty to the beneficiaries. Adrian Philip Thomas, P.A. is located in central downtown Fort Lauderdale, Florida on historic Las Olas Boulevard, which is one block from the Fort Lauderdale courthouse where Broward County probate and trust disputes are litigated.While most meetings are scheduled during normal business hours, special arrangements can be made for conferences outside of those times – at night and on weekends. Just call and ask for an appointment. Email DisclaimerContacting us by email does not establish an attorney-client relationship. You should not send us any confidential information and we will not treat as confidential any information you choose to provide. Proceeding to send us an email via this online link acknowledges that you understand and agree with this notice.

TAGS:Lawyer Probate Florida 

<<< Thank you for your visit >>>

The Florida probate lawyers at Adrian Philip Thomas, PA handle probate litigation, trust litigation and guardianship litigation matters throughout Florida.

Hot Websites