Inheritance Lawyer in Florida: Which Type Fits Your Case

Responsible lawyer: Leslie V. Marenco, Trust Counsel, PL, Coral Gables, Florida.

If you’re asking what type of lawyer is best for inheritance, the short answer is a trusts and estates attorney. The exact type depends on your stage: planning before death, handling an estate after death, or fighting over a will or trust. This guide explains which lawyer type fits which job. It’s written for adult children, heirs, and people named to handle a relative’s estate.

Which kind of lawyer handles inheritance matters

Different lawyers handle different stages. Start with the stage you’re in, then match the lawyer to the task.

• Estate planning attorney: Helps a parent or relative put documents in place before death, such as a will or trust.
• Probate attorney: Guides the court process that moves a dead person’s assets to heirs and beneficiaries.
• Trust administration attorney: Advises on the duties of a trustee once a trust is in effect.
• Probate or trust litigation attorney: Handles court contests, such as a challenge to a will or trust.

Other types, such as business succession, estate tax planning, asset protection, and guardianship attorneys, fit narrower jobs. No single type fits every question. The facts of the estate decide which fits.

Trust Counsel, PL focuses on trusts and estates matters from its only office, in Coral Gables. We serve clients in Fort Lauderdale and Boca Raton.

Do I have to hire an attorney for probate?

Whether you need a lawyer turns on the estate, its assets, and whether anyone disagrees. Probate is the court process for handling a dead person’s property that is in their own name.

Timing matters too. Missed filings can slow an estate down.

Florida’s Probate Code uses the term personal representative for the person who runs the estate. Many readers know this role as an executor. The definitions in Fla. Stat. § 731.201 set the terms the code uses.

Not every person or entity can take this role. Fla. Stat. § 733.305 lists Florida trust companies, and state and national banks and savings associations authorized and qualified to exercise fiduciary powers in Florida, as entities that may act as personal representatives. A law firm is not on that list. Trust Counsel’s attorneys can serve individually as trustee or personal representative, and the firm advises and represents trustees, personal representatives and beneficiaries.

Matching the lawyer to your role in the inheritance

Your role in the estate shows what help you need first.

If you’re a beneficiary or heir, the law defines your position by the will or by the lack of one. A beneficiary is an heir at law in an intestate estate, or a devisee in a testate estate (Fla. Stat. § 731.201). If you’re waiting for your share, know this rule. A personal representative doesn’t have to pay or deliver a gift until five months after letters are granted (Fla. Stat. § 733.801). The firm advises and represents beneficiaries and heirs.

If you’re named as personal representative or trustee, you carry legal duties. A personal representative must observe the standards of care that apply to trustees and distribute the estate under the will and the Probate Code (Fla. Stat. § 733.602). A trustee of an irrevocable trust must notify qualified beneficiaries within 60 days after learning of the trust (Fla. Stat. § 736.0813).

If you were left out of a will or trust, or you don’t know whether you’re named, the question is who inherits. Under Fla. Stat. § 733.105, when property passes by intestate succession or the will is unclear and there is doubt about who is entitled to receive it or the shares involved, an interested person can ask the court to determine beneficiaries or their shares.

If you’re helping a parent plan ahead, an estate planning attorney handles documents before death. ACTEC notes that an estate planning attorney gathers family and financial information at the first meeting and treats it as confidential.

When an inheritance becomes a dispute

A dispute over an inheritance usually becomes a court contest. Probate or trust litigation attorneys handle those contests. According to ACTEC, disputes among beneficiaries, family members, or creditors can lead to court involvement.

Common disagreements include a challenge to a will’s validity, unequal shares, questions about who is an heir, and distributions that stall. Each one follows its own rules.

A will is void if fraud, duress, mistake, or undue influence procured its execution (Fla. Stat. § 732.5165). In a will contest, the proponent first shows formal signing. After that, the contestant must prove the grounds for opposing probate (Fla. Stat. § 733.107). In any transaction or event to which the presumption of undue influence applies, the presumption implements public policy against abuse of fiduciary or confidential relationships and is therefore a presumption shifting the burden of proof under ss. 90.301-90.304, as stated in Fla. Stat. § 733.107(2).

A trust contest has its own timing. The contestant carries the burden of proving invalidity (Fla. Stat. § 736.0207).

Keep one difference clear. Administration follows the documents and the law. Litigation asks a judge to decide a fight between parties.

Family businesses and other inheritance assets

Inherited business interests and minor heirs often need help beyond general probate work.

A business succession planning attorney coordinates how an ownership interest passes. The goal is for the will or trust and the company documents to match.

Estate tax planning matters for larger estates. According to the IRS guidance, it “amends § 2010(c)(3) by increasing the basic exclusion amount to $15,000,000 for calendar year 2026.”

If a minor inherits, a court may appoint a guardian. Under Fla. Stat. § 744.3021, a parent, next of kin, or another person interested in the minor’s welfare may petition. A guardian for a minor has the authority of a plenary guardian. The court may also appoint an attorney to represent the minor at the hearing.

An asset protection attorney looks at how assets are held before or after a transfer.

What to gather before a first consultation

Bring the will, any trust, and any court papers you have received. Those documents show a lawyer what exists.

Also gather these items if you have them:

• A death certificate
• A list of known assets and debts
• Beneficiary designations for accounts and policies
• A timeline of family relationships and key dates

Timing can matter for the will itself. The Clerk says the custodian should provide the date of death or Social Security number if available.

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

Common questions

Talk with a Coral Gables trusts and estates attorney about your situation

If you’re waiting on an inheritance, or you were named personal representative or trustee and aren’t sure what to do next, you don’t have to work it out alone. Many people in this position are still learning the rules and haven’t chosen a lawyer yet. Call (305) 707-7126 or schedule online to talk through your situation.