Probate Litigation

Will contests, creditor claims, allegations of trustee misconduct - these are just a few of the many disputes that can arise during probate or trust administration. At Cantwell & Goldman, PA, we understand the important financial and property rights at stake. Since 1984, beneficiaries, potential heirs, personal representatives and trustees have turned to our firm for representation during probate disputes.

Will Contests And Trustee Misconduct

A will is supposed to be the final word, representing the deceased's wishes regarding property distribution. The laws surrounding will creation are strict. If there is any indication of undue influence, manipulation or that the deceased was not of sound mind when the document was created, the will may be contested and determined to be invalid.

Trustees are "fiduciaries" meaning they owe strict duties to trust beneficiaries. These duties include prudently investing trust assets, keeping trust assets separate from personal property, treating all beneficiaries fairly, keeping accurate records, filing tax returns and obeying the terms of the trust documents. If a beneficiary believes a trustee has breached his or her duties, they may file a lawsuit. If a breach occurred, and damages resulted, the trustee may be held personally responsible for the loss.

At Cantwell & Goldman, PA, we represent both those bringing will contests and trustee misconduct claims, as well as those defending against claims. We begin by a thorough evaluation of the law, the facts and the documents - such as wills and trust documents - at play. Then develop a legal strategy that protects our clients' interests and resolves their disputes efficiently.

Our Approach

Our lawyers recognize that probate disputes often involve family members. When searching for solutions, we always attempt to resolve disputes through negotiation and settlement. Avoiding litigation not only saves time and money, it is also often the most effective way to preserve family relationships.

However, if a solution cannot be reached out of court, we will try your case. Our attorneys are skilled litigators. William H. Cantwell, II is board-certified in business and construction litigation by The Florida Bar and our litigators William H. Cantwell, II, J. Wesley Howze, Jr., and Bradly Roger Bettin, Sr., have more than 20 years of courtroom experience.

From our offices in Melbourne and Cocoa, we represent clients throughout the country who are involved in probate or trust litigation in Brevard County, Florida. For help, call 866-583-9129 to schedule a consultation or contact our firm online.