KENNETH MIKOS, P.A.

Probate, Guardianship and Trust Litigation, Probate Administration
Trust Administration, Civil Litigation, Probate Trial Practice

Who we are

Kenneth R. Mikos is a Martindale-Hubbell A.V. preferred-rated attorney who has practiced law in South Florida since being admitted to the Florida Bar in 1969. He initially worked as an assistant Broward County solicitor prosecuting misdemeanor and noncapital felony cases. He successfully litigated some 136 jury trials during his tenure and over 750 misdemeanor and felony bench trials. After some two years working for the state prosecuting cases, he entered private practice in Broward County as a criminal and civil trial lawyer. In the early 1980s, he began devoting his practice exclusively to probate, estate, trust, and guardianship litigation, as well as probate and trust administration, and has practiced in those areas of the law almost exclusively for the past 44 years.

What we do

Our legal expertise in inheritance litigation includes the following:

  • Probate
  • Guardianship and Trust Litigation
  • Probate Administration
  • Trust Administration
  • Civil Litigation
  • Probate Trial Practice
  • Inheritance Litigation

Where we work

Although our offices are located at 2888 East Oakland Park Boulevard Fort Lauderdale, Florida, we have worked on cases throughout the United States.

Questions about a judicial issue? Ask our experts

Kenneth Mikos, Esq. Inheritance Litigation

EXPERIENCE

Kenneth R. Mikos is a Martindale-Hubbell A.V. preferred-rated attorney who has practiced law in South Florida since being admitted to the Florida Bar in 1969. He initially worked as an assistant Broward County solicitor prosecuting misdemeanor and noncapital felony cases. Mr. Mikos successfully litigated some 136 jury trials during his tenure and over 750 misdemeanor and felony bench trials. After some two years working for the state prosecuting cases, he entered private practice in Broward County as a criminal and civil trial lawyer. In the mid-1980s, he began devoting his practice exclusively to probate, estate, trust, and guardianship litigation, as well as probate administration and has practiced in those areas of the law almost exclusively for the past 38 years.

Inheritance Litigation

INHERITANCE LITIGATION

Chapters 732 and 733 of the Florida Statutes provide guidelines for what happens when a Florida resident passes.

Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively, this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the “intestate estate”. Intestacy law, also referred to as the law of descent and distribution, refers to the body of law (statutory and case law) that determines who is entitled to the property from the estate under the rules of inheritance.

Civil Litigation

CIVIL LITIGATION

Civil law is the term that refers to non-criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law.

Dear Ken,

This is to tell you how much I have appreciated your services and those of your staff.

You quickly assessed the situation, repeatedly took the initiative, persisted in obtaining responses from the others, and you gave strategic direction towards mediation, all of which resolved in a dozen weeks a dispute that had lingered for more than two years.

Your ability to anticipate the Broward Court’s reaction, and to translate the hearings into formal decisions, was remarkable.

So, once again, well done, and thank you so much!

Robin Kinloch
Robin Kinloch

Let’s work together

We work as a single united team with market leading firms around the world and give our clients the highest quality advice possible.

Inheritance Litigation

Inheritance litigation refers to legal proceedings taken to resolve disputes arising from the distribution of a deceased person’s estate. This can involve a variety of issues.

  • Challenging the validity of a will: This might involve contesting whether the will was properly signed and witnessed, whether the deceased had the mental capacity to make a will when it was signed, or whether the will was the product of undue influence or fraud.
  • Intestacy: If the deceased died without a will, their estate will be distributed according to state law, which may not coincide with the wishes of certain family members. This can lead to disputes about who inherits what and how much.
  • Breach of fiduciary duty: An executor or administrator of the estate may be accused of mismanaging the assets or acting in their interests instead of the beneficiaries’ interests.
  • Breach of trust: If the deceased’s estate includes trusts, there may be disputes about how the trust assets are managed or distributed.
  • Other disputes might involve claims for pre-mortem inheritance gifts, disputes over family heirlooms, or allegations that someone has interfered with a potential inheritance.

The process of inheritance litigation can be complex and time-consuming. Our staff will take care of all the necessary steps to acquire the desired result, including:

  • Mediation or negotiation: Often, parties will attempt to resolve the dispute outside of court through mediation or negotiation.
  • Discovery: This is the process of gathering evidence, which may include interviewing witnesses, obtaining documents, and taking depositions.
  • Trial: If the dispute cannot be resolved outside of court, it will go to trial.
  • Appeals: The losing party may file an appeal to challenge the trial court’s decision.

It is essential to consult with an experienced attorney, such as Ken Mikos, if you are considering filing an inheritance lawsuit. We will advise you on the merits of your case, the potential costs and risks involved, and the best course of action to take.