Probate & Trust Litigation

After decades of hard work and selfless dedication, we deserve the right to leave our assets to our loved ones in any way we see fit. However, oftentimes, when folks are at their most vulnerable, either in declining health or advanced age, persons close to them interfere with their wishes by taking advantage of their weakened position to unlawfully influence them to create or change their will, to cause them to transfer money and other property during their lives to people they do not intend to benefit, and to do other things against their will. In other cases, because a person suffers from dementia or Alzheimers Disease, he or she may actually lack the legal ability to create a new will or change an existing one. In those case, those person’s relatives or the people, who should have been benefitted but for the creation or change of a will due to the bad acts of the person exerting the unlawful influence or when the person lacked the mental capacity to do so, must often resort to litigation in probate court in order to affirm their rights and stake a claim for what is rightfully theirs.

Many people are familiar with the concept of a will contest, but what many people fail to realize is that they may also challenge lifetime transfers of property when they believe a transfer was made under questionable circumstances, including challenges of undue influence, civil theft and elderly abuse. The legal issues in litigation over lifetime transfers of property and unlawful will changes are similar but with key differences. The law is constantly changing and evolving to address those differences. The attorneys at Chepenik Trushin LLP are at the vanguard of these ever-evolving, highly complex laws and possess extensive knowledge and experience regarding the prosecution of undue influence, civil theft, and abuse of elderly claims for not only unlawful will changes but also lifetime transfers.

Additionally, personal representatives and trustees may find themselves subject to a lawsuit from potential beneficiaries of an estate or trust. Such lawsuits may seek to rescind the will or trust, remove the personal representative or trustee, or recover assets from the personal representative or trustee personally for alleged wrongdoing. In such cases, a personal representative or trustee should retain an experienced and highly-trained probate and trust litigation attorney for representation.

An Experienced Team Of Legal Professionals

Chepenik Trushin LLP is an experienced probate and trust litigation law firm. We assertively represent clients in South Florida and from across the nation in order to protect their rights and property interests. Our firm represents clients in litigation involving:

  • Will contests
  • Probate litigation
  • Trust litigation
  • Alleged malfeasance by executors, trustees, and administrators
  • Financial abuse of the elderly
  • Fraud

Our team of attorneys, case managers, and paralegals are committed to achieving our clients' goals and protecting their rights. The founders of Chepenik Trushin LLP have more than 30 years combined experience in probate, trust, and litigation matters. Bradley Trushin’s experience has led to being asked to author a chapter in the 2015 edition of Strategies for Trusts and Estates in Florida, part of the Inside the Mind series.

Our firm understands the many aspects of probate court and trust litigation. We have extensive experience in business disputes and financial matters involving complex transactions and can apply this expertise in the investigation of probate and trust administration matters. We also have the ability to organize our research and present a story in probate court that is clear, compelling, and persuasive. We will work diligently to build a strong case on your behalf.

Call Chepenik Trushin LLP at (305) 981-8889 or toll free at (866) 626-9898 or contact us online.

Florida Probate Litigation Lawyer Blog - Probate Disputes

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