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Differences in Probate or Estate Litigation and Trust Litigation

https://lawyerfightsforyou.com/differ... (Orlando Florida) Florida Probate or Estate Litigation, and Trust Litigation Attorney L. Reed Bloodworth explains differences in Probate or Estate Litigation, and Trust Litigation. Probate and Estate Litigation refers to a decedent’s will. Trust Litigation refers to a decedent’s trust. However, a lot of the case law is the same for trust litigation as it is for probate or estate litigation. Examples: There are similar causes of action applicable in trying to set aside a will, as you might in trying to set aside a trust, in terms of: Undue influence Lack of capacity Tortious interference with a testamentary expectancy Those causes of actions are the same You plead the same elements You rely upon the same body of case law In an Undue Influence case you’re going to rely upon the Carpenter case and the seven Carpenter factors, along with the few others, whether probate litigation or trust litigation. Probate litigation or estate litigation (which are different terms, but for the same kind of litigation) takes place within probate. What is Probate? Probate is the will that is filed with the court. Someone petitions to be named the personal representative of the estate. The court says, “yes, you’re approved to be the personal representative. Here are the documents approving you as personal representative." If you have questions, contact attorney L. Reed Bloodworth by calling 407-777-8541 for an appointment. It’s important to talk about what happened to you. Reed is located in 801 N Magnolia Ave, Suite 216, (Orlando, Florida) but works withclients across the state. The second office is located at 331 W Central Ave, Suite 244, Winter Haven, FL 33880. Learn more by watching my video: “What is trust and estate litigation?”    • What is a Trust, what is a Will, what...