Conrad & Scherer: Trust & Probate Litigation Firm In South Florida

Conrad & Scherer is a renowned South Florida litigation firm specializing in trust and probate litigation. Our accomplished attorneys have an intimate understanding of wills, trusts, and estate-related proceedings. We know the significance of honoring your loved one’s wishes both during their life and after their passing. Our mission is to represent your interests robustly in trust or probate litigation to ensure your loved one’s estate planning wishes are respected and realized.

Choosing the Right Legal Counsel

When navigating the intricate world of trusts and estates litigation, the importance of engaging experienced counsel cannot be overstated. Cases in this field are laden with procedural, ethical, and state and federal tax challenges.

Conrad & Scherer’s attorneys possess a deep understanding of Florida’s laws governing estates, wills, trusts, conservatorships, guardianships, and other fiduciary issues. Armed with this substantive knowledge and a wealth of experience in trying cases before judges and juries, we stand ready to represent you effectively. Our approach combines rigorous analysis with collaboration across complex areas of law such as estate planning, real estate, bankruptcy, corporate, and securities law, as well as civil and appellate law.

Comprehensive Trust and Probate Services

Our firm provides a broad range of trust and probate services, assisting families and estate representatives in executing the intentions set forth in will and trust agreements. Our specific services include:

  • Trust litigation
  • Probate litigation
  • Will contests
  • Will and trust construction
  • Determination of beneficiaries
  • Guardianship assistance
  • Conservatorship guidance

Whether through negotiation, mediation, or litigation, we’re committed to achieving a positive outcome for your case, easing the difficulty and emotional burden that these situations often present.

Understanding Trust Litigation

A trust is a fiduciary legal relationship wherein one party holds assets or property for another party’s benefit. If constructed correctly under Florida law, a trust ensures that the beneficiary receives their assets once capable of managing them. However, mismanagement by trustees can sometimes occur. Trust litigation is the legal remedy for challenging a trust or trustee to uphold the settlor’s intentions.

If you suspect the trustee is neglecting their fiduciary duties or not adhering to the settlor’s express wishes, you may have cause for a lawsuit to remove the trustee. Common reasons to file a claim against a trustee can include:

  • Failure to adequately manage real estate or other assets
  • Poor communication with the beneficiary
  • Neglecting the trust’s debts
  • Ignoring the settlor’s investment wishes
  • Disregarding explicit or implied instructions from the settlor
  • Self-dealing or prioritizing the trustee’s interests over those of the beneficiary

Probate Litigation Explained

Probate is the process of validating and administering a will through a court. Probate litigation involves contesting a will or seeking to correct a perceived error regarding a loved one’s posthumous wishes. It can include challenging the authenticity of a last will and testament, dealing with undue influence over the testator, or addressing the alleged misappropriation of funds in an estate or trust.

Reasons for contesting a will can range from questioning the testator’s competence to create a will due to mental illness, substance abuse, memory loss, or other incapacitating illnesses, to allegations of forgery or fraudulent changes to the document. Other grounds could be technical flaws in the will’s execution, such as insufficient witnesses or notarization, or a failure to adhere to Florida’s legal requirements. If any of these conditions lead you to question the accuracy of a will, our seasoned attorneys are equipped to defend your case, seeking to amend or invalidate the will in question.

Contact Conrad & Scherer’s Trust and Probate Litigation Experts Today

Whether you require assistance contesting a trust or will, seek to remove a trustee, or need help constructing or interpreting a will, Conrad & Scherer is at your service. We’ve successfully resolved estate conflicts for numerous clients nationwide, ensuring that the wishes of the testator or settlor are honored. Trust Conrad & Scherer to represent your interests effectively in all matters of trust and probate litigation.