Comprehensive Litigation Representation
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.
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 examples of how this may arise include:
- A testator suffered undue influence
- The testator was not mentally capable of making the will
- When the will does not include everyone it should
- The testator improperly made the will
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 disputing wills, deeds, the validity of a will, or the distribution of assets.
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
- Enforce beneficiary entitlements
- Dispute the validity of a trust, alleging undue influence or mental incapacity
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.
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
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 305-330-1335, or send us an email.