Probate Litigation Guidance for Key Biscayne Heirs, Beneficiaries and Fiduciaries

Probate Litigation Attorney in Key Biscayne

Looking for a probate litigation attorney in Key Biscayne? Probate litigation is court work that can arise while an estate is open. Heirs, beneficiaries or others may dispute a will, a personal representative, or how assets are handled. Trust Counsel, PL’s attorneys in Coral Gables advise and represent people in these disputes, depending on the governing instrument, applicable law and the facts of each case.

Probate Litigation for Key Biscayne Families

Probate litigation is a contested dispute inside an estate case. Routine administration is different. In routine administration, the personal representative (the person appointed to manage the estate) pays debts and distributes assets. Litigation starts when someone objects, sues, or asks a judge to step in.

Key Biscayne is in Miami-Dade County. Probate matters for Key Biscayne residents may depend on the governing instrument, applicable Florida law, and the facts of each case. The will or trust often decides much of what happens. How any dispute turns out depends on the facts of each case.

Trust Counsel, PL’s attorneys can advise or represent heirs, beneficiaries and fiduciaries. The firm advises and represents trustees, personal representatives and beneficiaries. The firm itself does not serve as personal representative or trustee. Trust Counsel’s attorneys can serve individually as trustee or personal representative. For the full practice overview, see the probate litigation attorney page.

Common Probate Disputes Heirs and Beneficiaries Raise

Estate disputes can center on value, timing, will wording, or assets that seem to be missing. Whether any of these applies depends on the facts.

Beneficiaries sometimes ask what the estate holds and how it was valued. Florida law gives some beneficiaries a way to ask. Under Fla. Stat. § 733.604, a beneficiary may receive a written explanation of an inventory value, or a copy of an appraisal, on written request. The personal representative must tell each beneficiary about that right. What a beneficiary receives depends on their position and the facts.

Assets such as waterfront or second homes, investment accounts, or interests in a closely held business can raise questions that depend on the governing instrument and applicable law. These assets can raise questions about valuation and title. The answers vary from case to case. An appraisal or records review may matter.

Clear wording is not always clear to everyone. Heirs can read the same will clause in different ways. A beneficiary may also suspect an account was left out of the inventory. Whether that suspicion is correct, and what remedy applies, depends on the records and the governing instrument.

Will Contests and Challenges to a Personal Representative

A will contest asks a court to find that a will, or part of it, is not valid. Under Fla. Stat. § 732.518, that kind of action may not start until the testator has died.

Some defects can void a will or part of it. Under Fla. Stat. § 732.5165, a will is void if fraud, duress, mistake, or undue influence procured its execution. The rest of the will may still be valid if it was not procured that way and is not invalid for other reasons.

Burden of proof matters. Under Fla. Stat. § 733.107, the proponent of a will must first establish its formal execution and attestation. After that, the contestant has the burden of proving the grounds for opposing probate. A presumption of undue influence can shift that burden in certain relationships. Whether it applies depends on the facts.

Challenges to a personal representative follow a separate path. Under Fla. Stat. § 733.504, a personal representative may be removed for listed causes. Those include failing to obey a court order, failing to account for sold property, and wasting or maladministration of the estate. Whether removal happens depends on the statute and the facts.

To see how these attorney roles differ, read about attorney roles in trusts and wills.

How a Probate Dispute May Proceed

A probate dispute may move through several stages. These can include review of the will and estate records, attempts to resolve the issue, a court filing, discovery, and a hearing. The order and length depend on the facts and the procedure that applies.

Deadlines are where many people get caught off guard. Under Fla. Stat. § 733.212, an interested person served with a notice of administration generally must file certain objections within 3 months after service. The statute says that period may be extended only for estoppel based on a misstatement by the personal representative.

Trust deadlines follow different rules. Under Fla. Stat. § 736.1008, a beneficiary’s claim on a matter adequately disclosed in a trust disclosure document is generally limited to 6 months after receipt, subject to the statute’s exceptions. Under Fla. Stat. § 736.0604, a contest of a trust that was revocable at the settlor’s death has its own limit.

Deadlines in probate and trust matters depend on the governing instrument, applicable Florida law, and the facts of each case. How each one applies depends on applicable law and the facts of each case.

Early review can help you understand your options. It does not, by itself, prevent or reduce litigation. Results depend on the governing instrument, applicable law and the facts of each case.

Fiduciary Duties and Accountability in Florida

A personal representative or trustee owes fiduciary duties. Their scope depends on the governing instrument, Florida law, court orders, and the facts. Under Fla. Stat. § 733.602, a personal representative must observe the standards of care that apply to trustees.

Breach carries consequences that depend on the case. Under Fla. Stat. § 733.609, a personal representative is liable to interested persons for damage or loss from breach of that duty. In such actions, the court shall award taxable costs, including attorney’s fees, as the statute states. The court may direct payment from a party’s interest in the estate.

Whether a personal representative receives compensation, and in what amount, depends on the governing will, any court order, applicable Florida law, and the facts of each case. Under Fla. Stat. § 733.617, the statute sets a commission for ordinary services based on the estate’s compensable value. The court may increase or decrease it on petition if the facts warrant.

Trustees have information duties too. Under Fla. Stat. § 736.0813, a trustee must keep qualified beneficiaries reasonably informed. On reasonable request, the trustee must provide a complete copy of the trust instrument. The scope of these duties depends on the trust and applicable law.

Professional fiduciaries may bring administration skill to a role, subject to applicable law. Trust Counsel’s attorneys may advise personal representatives, trustees and beneficiaries on these duties.

Serving Clients in Key Biscayne from Coral Gables

Need a probate litigation attorney Key Biscayne residents can use? We serve clients in Key Biscayne from our only office, which is in Coral Gables.

This page covers probate litigation, trust litigation, trust administration, and guardianship. Trust Counsel’s attorneys may advise or represent clients on these matters. That depends on the governing instrument and applicable law. Some matters may be referred to another lawyer or firm.

Trust Counsel’s attorneys in this practice are licensed in Florida. This page does not list other jurisdictions. Key Biscayne is not a location where the firm keeps an office. The firm does not claim any local court relationships.

For a related page on a nearby community, see the Aventura probate litigation page.

Frequently Asked Questions