Resolving Estate and Trust Disputes in Coral Gables

An heir who was left out of a Florida will or trust may have options, but the deadlines are short. This page explains why heirs get left out, which papers matter, what claims may exist, and how timing works. Estate litigation is the court side of estate work, covering disputes over who inherits and how an estate is run. Trust Counsel, PL’s only office is in Coral Gables, Florida, and the firm focuses on probate and trust litigation.

Who This Page Is For and What an Estate Litigation Attorney Does

An estate litigation attorney handles disputes over who inherits and how an estate or trust is run, usually in probate court or circuit court.

This page is for adult children, stepchildren, siblings, and other relatives who were omitted, reduced, or surprised by a will or trust. Often, the reader is acting for a parent or relative who has died. They may face a deadline without prior legal experience.

Litigation is different from estate planning. Estate planning drafts the documents. Litigation challenges a document, defends it, or addresses how a personal representative or trustee handles the property.

Trust Counsel, PL focuses its practice on probate litigation and trust litigation. The firm advises and represents trustees, personal representatives and beneficiaries. It serves clients across Florida from its only office in Coral Gables.

Common Reasons an Heir Is Left Out of a Florida Estate

An heir is usually left out for reasons tied to the document, how it was signed, or who gained from the change.

• Mental capacity. Questions may arise about whether the decedent understood the document when it was signed.
• Undue influence. A caregiver, new spouse, or other person who benefited may have pressured the decedent. Florida’s presumption of undue influence can shift the burden of proof when it applies.
• Fraud, duress, or mistake. Under Fla. Stat. § 732.5165, a will is void if fraud, duress, mistake, or undue influence procured its execution.
• Signing and drafts. Questions may come up about how the document was signed and witnessed, or whether an earlier draft differs from the final version.
• Children born or adopted later. A child born or adopted after the will was made may receive the share they would have received without a will. This applies only if the child has not received a part of the testator’s property equivalent to a child’s part by way of advancement, and it does not apply if the omission appears intentional or another exception applies under Fla. Stat. § 732.302.

Gather the will, the trust, amendments, earlier versions, asset records, and every notice you received. These papers often show when and how the document changed.

Options an Heir May Have to Challenge the Result

An heir may contest the will or trust, or pursue claims against the personal representative or trustee who runs the estate.

In a will contest, the proponent must first establish the will’s formal execution and attestation. After that, the contestant must prove the grounds for opposing probate (Fla. Stat. § 733.107). In a trust contest, the contestant has the burden of establishing the grounds for invalidity (Fla. Stat. § 736.0207).

A personal representative’s fiduciary duty is the same as that of a trustee of an express trust. The personal representative is liable to interested persons for loss from a breach of that duty (Fla. Stat. § 733.609). A personal representative may also be removed for causes such as failing to account for estate assets or wasting the estate (Fla. Stat. § 733.504).

Under Florida law, a provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable (Fla. Stat. § 732.517). Likewise, a provision in a trust instrument purporting to penalize any interested person for contesting the trust instrument or instituting other proceedings relating to a trust estate or trust assets is unenforceable. This rule applies to trusts created on or after October 1, 1993, and a revocable trust is treated as created when the right of revocation terminates (Fla. Stat. § 736.1108). Whether a specific no-contest clause applies depends on its exact wording, so the document must be read closely.

Negotiation or mediation can resolve some disputes without a trial. For a side-by-side view, read trust contest vs. will contest in Florida.

Deadlines and Why Timing Matters

Florida sets short objection periods, and some clocks start when a notice is served or a trust becomes irrevocable.

• Will objections. After a notice of administration, a challenge to the will’s validity, the venue, or the court’s jurisdiction must be filed within 3 months after service of that notice, or the objection is permanently barred. The 3-month period may be extended only for estoppel based on a misstatement by the personal representative about the deadline, and not for any other reason (Fla. Stat. § 733.212).
• Outside limit. Objections must be filed no later than the earlier of final discharge of the personal representative or 1 year after service (Fla. Stat. § 733.212).
• Will contests. A will contest cannot begin before the testator dies (Fla. Stat. § 732.518).
• Revocable trusts. A contest of a revocable trust, or of the revocation of part of one, cannot begin until the trust becomes irrevocable by its terms or by the settlor’s death. If all of a revocable trust has been revoked, a contest of the revocation cannot begin until after the settlor’s death. The guardian of the property of an incapacitated settlor may still bring such an action (Fla. Stat. § 736.0207).
• Trust time bar. A contest of a trust that was revocable at death is barred if not started within the earlier of the chapter 95 period or six months after the trustee sent the person a copy of the trust instrument and a notice of the trust’s existence, the trustee’s name and address, and the time allowed for commencing a proceeding (Fla. Stat. § 736.0604).
• Trustee notice. Within 60 days after the trustee learns an irrevocable trust exists, or that a revocable trust has become irrevocable (for example, at the settlor’s death), the trustee must notify qualified beneficiaries of the trust’s existence, the settlor’s identity, their right to request a copy of the trust instrument, their right to accountings, and that the fiduciary lawyer-client privilege in s. 90.5021 applies to the trustee and any attorney the trustee employs (Fla. Stat. § 736.0813).

A common mistake is waiting to request documents until a deadline has nearly passed. Keep every notice, letter, and envelope, and note the date each one arrived. The Miami-Dade Clerk’s probate court page covers the deadline to deposit a will and how heirs use caveats. For trust timing, see how long to contest a trust in Florida.

How an Estate Litigation Matter Typically Proceeds

A matter usually moves from document review to a demand or negotiation, and to court only when needed.

1. First consultation. Trust Counsel offers a free, confidential first consultation with no obligation to continue.
2. Document review. The firm reviews the will, trust, amendments, prior versions, asset records, and accountings.
3. Written request. A written request for information goes to the personal representative or trustee.
4. Negotiation or mediation, where appropriate.
5. Court filing if needed. Discovery, depositions, hearings, and trial follow in probate or circuit court.

Disputes among beneficiaries, family members, or creditors can lead to court involvement in estate administration (ACTEC inheritance and estate settlement). In actions for breach of fiduciary duty or challenges to a personal representative’s powers, the statute says the court shall award taxable costs as in chancery actions, including attorney’s fees, and the court has discretion to direct payment from a party’s interest in the estate or from that party’s other property (Fla. Stat. § 733.609).

Timelines vary with the facts, court schedules, and whether the other side engages. No timeline is promised.

Why Trust Counsel for an Estate Dispute

Trust Counsel, PL focuses its practice on probate and trust litigation from a single office in Coral Gables, Florida.

• Office. Coral Gables is the firm’s only office. The firm serves clients across Florida.
• Responsible attorney. Leslie V. Marenco is the responsible attorney for this page. The firm’s lawyers include Leslie V. Marenco and Tanya Vega, and the firm has support staff.
• Practice areas. Probate litigation, trust litigation, trust administration, and fiduciary matters.
• Both sides of a dispute. Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries.
• Referrals. Some matters may be referred to another lawyer or firm.

A first meeting helps you see which questions to answer first.

Frequently Asked Questions

Here are short answers to common questions about estate litigation in Florida.