Estate Litigation in Florida: Understanding Your Dispute and Your Options

How to Find an Estate Litigation Lawyer in Florida

To understand an estate litigation dispute in Florida, start with the type of dispute you face. Then check whether the lawyer handles that kind of case, who the lawyer represents, and how fees will be explained in writing.

Estate disputes often arrive at a hard time. A parent has died, a trust has changed, or a family member is refusing to share information. Knowing what to look for makes the next step easier.

What does an estate litigation lawyer handle?

An estate litigation lawyer handles court disputes over a will, a trust, or how an estate is run. Trust Counsel, PL focuses on probate litigation and trust litigation, along with trust administration, estate tax planning and guardianship matters.

Timing matters early. Under Fla. Stat. § 732.518, an action to contest a will cannot start before the person who wrote it has died.

For trusts, Fla. Stat. § 736.0207 says a challenge to a revocable trust generally cannot start until the trust becomes irrevocable by its terms or by the settlor’s death. The statute also says it does not prohibit such an action by the guardian of the property of an incapacitated settlor.

Match the lawyer to your type of dispute

A good first step is to ask whether the lawyer handles your exact problem. A will contest, a trust contest, a fight over a personal representative’s conduct and a trust administration question each follow different rules.

Burden of proof also shapes the case. Under Fla. Stat. § 733.107, the proponent of a will must first show its formal signing and witnessing. After that, the person contesting the will carries the burden on the grounds they raise.

The same statute says the presumption of undue influence implements public policy against abuse of fiduciary or confidential relationships. That presumption shifts the burden of proof. A lawyer who understands this rule can explain how it may affect your case.

In a trust contest, the contestant has the burden of proving the grounds for invalidity, under Fla. Stat. § 736.0207.

Check who the lawyer represents

Ask who the lawyer will represent. Some estate lawyers work for the personal representative. Others work for a beneficiary or an heir who disagrees with how the estate is being handled.

Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries. The firm itself does not serve as a fiduciary.

Your role changes what the lawyer can do for you. It also changes what stays private. Under Fla. Stat. § 90.5021, a communication between a lawyer and a client acting as a personal representative or trustee is privileged, to the same extent as if the client were not acting as a fiduciary. Only the fiduciary is treated as the lawyer’s client for that purpose.

Fiduciary duty is also a serious matter. Under Fla. Stat. § 733.609, a personal representative’s duty is the same as that of a trustee of an express trust. A personal representative can be liable to interested persons for loss caused by a breach of that duty.

Ask how fees will be explained in writing

Florida law does not set a mandatory attorney fee for estate administration. Under Fla. Stat. § 733.6171, an attorney who plans to use the statutory schedule must tell the personal representative in writing. Under Fla. Stat. § 733.6171(2)(b), there is not a mandatory statutory attorney fee for estate administration. The attorney fee is not required to be based on the size of the estate, the presumed reasonable fee provided in subsection (3) may not be appropriate in all estate administrations, and the fee is subject to negotiation between the personal representative and the attorney.

The same statute allows further reasonable pay for extraordinary services. Those can include involvement in a will contest, a contested claim, or other adversarial litigation by or against the estate.

The Florida Bar’s fee rule, Rule 4-1.5, lists the lawyer’s experience, reputation, diligence and ability among the factors considered as guides in determining a reasonable fee. Under the same rule, a contingent fee arrangement must be in a written contract signed by the client and the lawyer.

The firm offers a free first consultation, which is confidential and carries no obligation to continue.

Know the early steps in a Florida probate case

Some early steps in a probate case matter for your rights. Under Fla. Stat. § 733.212, the personal representative must promptly serve a notice of administration on the surviving spouse, beneficiaries and other known persons. That includes people who may be entitled to exempt property.

The notice must also give the name and address of the personal representative and of the personal representative’s attorney. If you receive one, check those details first.

The Miami-Dade Clerk’s probate court page describes caveats, which heirs, interested parties and creditors can use in Florida probate. Timing rules can apply, so act early once you learn of a filing.

Court involvement is common when beneficiaries, family members or creditors disagree. The ACTEC overview of estate settlement explains how these disputes can lead to court involvement during administration.

Plan ahead to reduce future disputes

Many estate fights start with unclear trust language. The ACTEC guidance on trusts for children notes that trusts can control when and how beneficiaries receive assets, including through pot trusts. It also says the settlor’s wishes should be clearly stated in the trust document.

Tax planning also matters for larger estates. The IRS 2026 figures set the basic exclusion amount for estate and gift tax at $15,000,000 for calendar year 2026.

Questions to ask at a first consultation

Bring your documents to the first meeting. Ask who the lawyer represents and whether the lawyer has handled your type of dispute. Ask how fees will be explained in writing and who will work on your matter.

Ask what deadlines may apply to your situation. Ask how the lawyer will communicate with you and how often you will receive updates.

Where the firm practices

Trust Counsel, PL is located in Coral Gables, Florida. Leslie V. Marenco is responsible for the content of this page. The firm’s lawyers include Leslie V. Marenco and Tanya Vega.

We serve clients in Fort Lauderdale, Boca Raton and West Palm Beach.

Frequently asked questions