Probate litigation for beneficiaries, heirs and fiduciaries

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Probate Litigation Law Firm in Florida

Probate litigation is a court fight over a deceased person’s estate. A probate litigation law firm in Florida represents the people involved when a will, a trust, or a fiduciary’s conduct is challenged. Trust Counsel, PL is a trusts and estates firm in Coral Gables. It concentrates in probate and trust disputes for heirs, beneficiaries, and fiduciaries. This page explains what these cases cover, how they move, and what to gather before you call.

What Probate Litigation Covers in Florida

Probate litigation is court work that resolves disputes over an estate. Routine administration is different. Administration covers opening the estate, listing assets, paying debts, and distributing property. Litigation starts when someone objects, sues, or asks a judge to step in.

The people who bring these cases include heirs, beneficiaries, creditors, and fiduciaries. A fiduciary is a personal representative or a trustee. Each one owes duties to the people the estate or trust serves.

The governing instrument and applicable law shape which claims may be raised and the timing that applies, so the particulars vary from case to case. Deadlines vary. For example, under Fla. Stat. § 733.212, an interested person served with a notice of administration generally has 3 months to object to the will’s validity, venue, or the court’s jurisdiction. Your exact deadline depends on the notice you received and the facts. Early review matters.

Common Disputes Probate Litigation Attorneys Handle

The most common disputes involve will challenges, fiduciary misconduct, and disagreements over accountings and assets. Each one turns on specific facts and the governing documents.

• Will contests. Under § 732.5165, a will is void if fraud, duress, mistake, or undue influence procured its execution. A contest generally can’t start before the testator dies, under § 732.518. Under § 733.107, the will’s proponent shows formal execution first. The contestant then must prove the grounds for opposing probate.
• Breach of fiduciary duty. Under § 733.609, a personal representative’s duty matches a trustee’s duty. The scope of that duty depends on the will, the trust, and applicable law.
• Removal. Under § 733.504, causes for removal include maladministration of the estate and failure to account. Under § 733.506, the court or an interested person may start removal proceedings.
• Trust contests. Under § 736.0207, the contestant generally bears the burden of proving grounds for invalidity. When a trust, not a probate estate, is central, a trust litigation matter may apply instead.

Who Can Benefit From a Probate Litigation Firm

Heirs, beneficiaries, and fiduciaries facing an estate or trust dispute can benefit from this work. Common situations include:

• Beneficiaries who believe they were left out, under-distributed, or told something inaccurate about estate assets.
• Personal representatives and trustees who face a claim and need defense counsel.
• Families with out-of-state or foreign assets that complicate administration.

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

We serve clients in Fort Lauderdale, Boca Raton, West Palm Beach, Doral, Kendall, Pinecrest, Key Biscayne, Aventura, and across Florida. Our only office is in Coral Gables.

How a Probate Dispute Typically Proceeds

A typical dispute starts with a document review, moves to a formal demand, and then settles or goes to court. Timing depends on the court’s schedule and the parties involved. The steps usually look like this:

1. Initial consultation. We review the will or trust, the death certificate, any letters of administration, and any notices. We identify the parties and the deadlines.
2. Case assessment. We weigh the evidence and the claims. We discuss settlement and mediation options.
3. Demand or objection. Where timing allows, a written demand or formal objection comes first. Otherwise, a petition is filed in the proper Florida probate or circuit court division.
4. Discovery. The parties exchange documents and take depositions. An outside witness may be retained to address issues such as capacity or value when a case calls for it.
5. Mediation, settlement, or trial. Some disputes settle. Others proceed to trial on the court’s docket.

Timelines and results vary. No outcome can be promised. The same facts can lead to different results depending on the governing will or trust and applicable law.

Why Choose Trust Counsel for Probate Litigation

Trust Counsel, PL is a Florida firm that concentrates in trusts and estates matters from one office in Coral Gables. The firm’s work includes:

• Probate litigation and trust litigation
• Trust administration and estate planning
• Estate tax planning, business succession planning, and asset protection
• Guardianship

The firm can represent either side of a dispute. It represents contesting heirs and beneficiaries. It also advises professional trustees and personal representatives on their fiduciary obligations.

Our approach ties each deadline and duty to the governing statute and your document. We say where the answer depends on the facts. We’d rather explain a limit clearly than promise a result.

Questions to Ask and Information to Gather Before Your Consultation

Bring the original will and any codicils, the trust document, and records of assets and debts. Include any letters or accountings you received from the personal representative or trustee.

Note these key dates:

• The date of death
• Dates of any inventories or accountings you received
• Dates you received a notice of administration or notice to creditors
• Dates of any court filings

Attorneys’ fees depend on the scope of work, the complexity of the dispute, and the terms of your written fee agreement. The firm explains that agreement in writing at the outset. Court costs, filing fees, and expert witness fees are separate. They are disclosed up front. Under § 733.106, the court decides from what part of an estate costs and attorney fees are paid. The court considers listed factors when it makes that decision.

If another lawyer or firm should handle part of your matter, we will tell you.

Probate Litigation Law Firm Florida: Frequently Asked Questions

Does the firm serve as personal representative or trustee? No. The firm advises and represents fiduciaries and beneficiaries. Trust Counsel’s attorneys can serve individually as personal representative or trustee.

How long does a probate dispute take? It depends on the claims, the court’s schedule, and how the parties cooperate. No timeline can be promised.

Are there deadlines to challenge a will in Florida? Yes. Deadlines depend on the facts and governing law, so early review is important.

What is the difference between probate and trust litigation? Probate litigation concerns a court-supervised estate. Trust litigation concerns a trust, which may pass outside probate. The governing documents decide which applies.

Do you handle matters outside Coral Gables? We serve clients across Florida, including the communities listed above. Our only office is in Coral Gables.

Talk With a Coral Gables Probate Litigation Attorney About Your Dispute

If a will is being contested, or a personal representative has not accounted for estate assets, you don’t have to sort it out alone. Bring the documents from the list above to your first call so we can review your deadlines with you. Book a free strategy call, schedule online, or call (305) 707-7126.