Probate & Trust Litigation

Panama City Estate Litigation Lawyer

Helping Clients with Probate & Trust Litigation throughout Panama City, Florida

After the death of a loved one, it is not uncommon for serious disputes to arise. Two of the most common types of problems deal with estate administration (probate), and trust administration. Probate Litigation and Trust Litigation often involves a failure to perform fiduciary duties in an ethical or prudent manner. Additionally, estate conflicts often arise from an allegation of malfeasance in the creation of the governing instrument. I normally try to resolve these disputes through dialogue and negotiation, but they sometimes have to be resolved in court.

If you are a Personal Representative, a beneficiary, a trustee, or an interested party in a probate or trust conflict, I will be happy to discuss the details of your situation. One of my primary practice goals is to eliminate legitimate conflict at the planning level. The focus of my practice is estate planning, trusts, wills, and probate. As such, I am well equipped to provide clear and effective legal representation in these matters when conflict arises.

Florida Probate Litigation

Probate litigation may be initiated to revoke a will (a "will contest") because the deceased person lacked the mental capacity to sign the document. Another common problem occurs when someone is alleged to have exerted undue influence over the deceased person (causing him or her to sign a Will or Trust that does not truly reflect their intent).

Other events leading to probate lawsuits may include the misuse or abuse of a Power of Attorney, wrongful possession of estate assets, allegations of abuse, and allegations that a third party turned the deceased person against his or her loved ones in a wrongful manner. These are a few of the countless examples of the problems that can arise. If you feel like an injustice has occurred, please consider contacting my office to discuss the specifics of your situation.

Florida Trust Litigation

Lawsuits may arise out of the creation and/or administration of a trust. The issues being litigated in such matters include challenged to the validity of trusts, tax issues, accountings, claims of lack of capacity or undue influence, forgery, breach of fiduciary duties, and other similar issues. This is a complex area, and it is critical to have representation with a working familiarity of Florida trust law.

Talk to a Panama City Estate Litigation Lawyer

Regardless of the specifics of your estate dispute (whether simple or complicated), you will want to be represented by an attorney with extensive knowledge in this area of the law. I can provide the legal services you need, and I will make every effort to achieve the best possible outcome for you and your family.

Do you need representation for probate litigation or trust litigation? Contact Panama City, Florida Estate litigation attorney, Max W. McCord III to discuss your case.



Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 850-640-1131 today!

  • What are some of the benefits of conducting business through a legal entity?

    One of the most important benefits is the protection of your personal assets against the claims of creditors. Generally speaking, directors, officers, managers, members, and stockholders (the interested parties) are not held personally liable for the debts and obligations of the business entity. The interested parties should be limited in their personal liability to the amount invested in the company. Another legal benefit is the transferability of ownership, which can be done either in whole or in part. Also, some estate tax planning options are only available to business entities. Retirement funds, such as 401ks may be established more easily. Also, a business entity can acquire and establish its own credit rating.

  • What are some of the mistakes people make when going into business?
    There are always risks involved in going into business. As most people know, a majority of small businesses do not succeed in the long run. Mistakes of new business owners may include the lack of a realistic business plan, underestimating costs and tax liabilities, and unfavorable business contracts/agreements. Even more problematic is a failure to understand the business or the marketplace, underestimating the competition, and/or not being effective at managing a business. Responsibility for these latter areas ultimately falls to the owners, but sound legal advice can substantially improve the chances of success.
  • How can I be protected from liability claims that arise from my business?

    Generally speaking, business owners doing business as limited liability companies, corporations, or limited partnerships do not have personal liability for the obligations or debts of the business. This assumes that no personal guarantees have been executed. If the business has been properly created, it is a separate legal entity. The details of formation are important, and the filing fees must be paid. If properly created and maintained, the assets owned by the business should be the only ones that are subject to debt or other liability considerations.