Florida Probate Litigation & Estate Dispute Resolution

Protecting Your Rights in Complex Inheritance Matters

Probate doesn't always go according to plan. Whether you are a beneficiary suspecting foul play, a spouse fighting for your fair share, or a Personal Representative facing disputes from heirs, understanding the difference between a simple disagreement and complex litigation is vital.

At our firm, we value transparency and strategic advocacy. We help clients navigate the turbulent waters of Florida probate, from routine administration with minor friction to high-stakes adversary proceedings.

Is It "Litigation" or Just a Difficult Probate?

Many clients worry that any disagreement among family members requires a lawsuit. That isn't always true.

• Disputes During Administration: If you are a beneficiary or spouse and there is general friction—such as heirs arguing over personal items or minor delays—we can often handle this under a standard probate administration. We charge a flat fee for the process, with "extraordinary legal fees" discussed only if specific disputes require significant additional attorney time.

• Defense for Trustees: If you are a Trustee and beneficiaries are upset with your management, which is not uncommon in a Trust Administration matter. We defend your role and help you fulfill your fiduciary duties correctly to de-escalate the conflict.
   

However, when the validity of the Will itself is challenged, or assets are being stolen, the matter can escalate to Probate Litigation.

When to Retain a Probate Litigation Attorney

We focus on specific, high-stakes scenarios where legal intervention is necessary to protect an estate's value or an heir's rights.
 

1. Will Contests & Undue Influence

If you believe a Will was signed when the deceased was not of sound mind, or if they were coerced by a caregiver or new spouse (Undue Influence), this is a serious legal challenge.

• Common Red Flag: "Dad was very sick and suddenly changed his will to leave everything to the neighbor."
   

2. Breach of Fiduciary Duty (Suing a Trustee or PR)

If you are a beneficiary and the Personal Representative (PR) or Trustee is stealing funds, failing to provide accountings, or acting in self-interest, you may need to petition for their removal or a surcharge.

• What is a Surcharge? A surcharge is a court order forcing a PR to personally repay the estate for losses caused by their misconduct. It comes out of their own pocket, not the estate’s assets.

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3. Elective Share Disputes

Under Florida law, a surviving spouse is entitled to a specific portion of the estate (Elective Share). Disputes often arise regarding the calculation of this share, especially involving complex assets or trusts.

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4. Partition Actions (Real Estate Disputes)

When multiple heirs inherit a property (like the family home) and cannot agree on whether to sell or keep it, we can file a partition action to force the sale and fair distribution of proceeds.

The Reality of Litigation Costs: A Business Decision