Litigation

Although we offer a wide array of services in probate and estate law, we are especially passionate about litigation. Keep reading to learn how the attorneys at Golden Glasko & Associates, P.A., can vigorously fight for your interests in the courtroom.

Probate Litigation

When a "testate" probate action is opened after death, the court is given a will and asked to enter an "Order Admitting Will to Probate." Sometimes, the will offered in probate does not express the intent and wishes of the decedent and action must be taken to contest that will or modify its terms. Some (but by no means all) examples of how this may arise include:

  • When a testator was unduly influenced to make a will by a relative, caretaker, etc.
  • When a testator lacked the mental capacity to execute a will at the time the will was signed
  • When the will does not include a child born after the will was executed
  • When the will does not include a spouse because marriage occurred after will was executed
  • When the will was not drafted or signed with the technical formalities required by Florida law

While a will can be contested and set aside by the court, there are statutory time limitations restricting the amount of time within which a court action may be brought to contest a will.

Other probate litigation matters may include:

  • Will disputes
  • Codicil disputes
  • Disputing ownership of a bank account or investment account
  • Disputing deeds signed prior to death
  • Tortious interference with expectancies (monies taken from decedents prior to death through fraud or exploitation)
  • Disputing the validity of a will that may have been obtained through undue influence
  • Disputing or clarifying how assets should be distributed to beneficiaries
  • Challenging the appointment of an administrator

We have developed a reputation for professionalism and have a strong track record of success on behalf of our clients.

Trust Litigation

Trusts are highly important documents with legal and tax implications. When trusts (in whole or in part) need to be challenged, clarified or modified, it is important to seek the help of an attorney with significant experience in this area of law.

Trust litigation may be necessary in order to:

  • Modify, ratify or terminate the trust
  • Remove or replace a named trustee
  • Clarify or interpret language in the trust
  • Enforce beneficiary entitlements
  • Dispute the validity of a trust, alleging undue influence or mental incapacity

If you need help contesting a trust or any of its terms, call the attorneys at Golden Glasko & Associates, P.A. We are intimately familiar with the technical aspects of trusts and trust litigation, and our level of courtroom experience is difficult to match.

Guardianship Litigation

There are two types of guardianships, those for adults and those for minors. Adult guardianships are necessary when someone loses the mental capacity to manage their own financial and health-related matters. Minor guardianships are necessary when a minor receives money in a court proceeding. Those funds need to be overseen and administered by an adult — the appointed guardian.

In cases where guardianship litigation is related to adult guardianships, the issue of a person's mental capacity can be complex and emotionally charged. Typical issues to be decided include:

  • Whether the person is mentally incapacitated and should have a guardian
  • Who the appointed guardian should be
  • What specific rights should be removed or delegated by the court
  • How the person's assets should be handled by the appointed guardian

Litigation often surrounds the very issue of whether a person lacks capacity as a result of dementia, Alzheimer's disease, age-related decline or temporary medically induced procedures. All of these issues call for the assistance of an experienced and knowledgeable lawyer focused in these areas of law.

Discuss Your Legal Needs With Us In A Free Consultation

Golden Glasko & Associates, P.A., is located in Miami and serves clients throughout South Florida. To schedule a free in-person consultation with one of our attorneys, call us at 305-856-5440, or send us an email.