Estate Litigation in Florida

When a loved one passes away, disputes over their estate can tear families apart. Whether the conflict involves a contested will, allegations of undue influence, breach of fiduciary duty by a personal representative or trustee, or disagreements over how estate assets should be distributed, these matters require the guidance of a skilled estate litigation attorney. At the Law Offices of Albert Goodwin, PA, we represent clients throughout Miami and the state of Florida in complex estate and trust litigation matters.

What Is Estate Litigation?

Estate litigation encompasses any legal dispute that arises in connection with a decedent's estate, trust, or the administration of either. Unlike estate planning, which focuses on creating wills, trusts, and other instruments during a person's lifetime, estate litigation occurs after a death when interested parties disagree about the validity of estate documents, the conduct of fiduciaries, or the distribution of assets.

In Florida, estate litigation cases are heard in the probate division of the circuit court. These proceedings can be initiated by beneficiaries, heirs, personal representatives, trustees, creditors, or any other interested person with standing under Florida law. Because estate litigation often involves both legal complexity and deep personal emotions, having an experienced attorney on your side is critical.

Common Types of Estate Disputes in Florida

Will Contests Under Florida Statute Section 733.109

A will contest is a legal challenge to the validity of a decedent's last will and testament. Under Florida Statute Section 733.109, any interested person may file a petition to revoke probate of a will. The grounds for contesting a will in Florida include:

• Undue influence: When someone in a position of trust or confidence over the decedent exerts improper pressure to manipulate the terms of the will. Florida courts apply a burden-shifting framework where the contestant must first establish a presumption of undue influence, after which the burden shifts to the proponent of the will to prove that undue influence did not occur.
• Lack of testamentary capacity: The testator must have been of sound mind at the time the will was executed. This means the testator must have understood the nature and extent of their property, the natural objects of their bounty (i.e., who would normally inherit), and the legal effect of signing the will.
• Improper execution: Under Florida Statute Section 732.502, a valid will must be signed by the testator (or by another person at the testator's direction and in the testator's presence), signed in the presence of at least two attesting witnesses, and signed by the witnesses in the presence of the testator and in the presence of each other. Failure to meet these requirements can render the will invalid.
• Fraud: If someone induced the testator to sign the will through intentional misrepresentation of material facts, or if the testator was deceived about the nature of the document they were signing, the will may be set aside on the grounds of fraud.
• Duress: When the testator was coerced or threatened into executing the will against their free will.

Will contests in Florida must be filed within the timeframes established by the Florida Probate Code. Acting quickly is essential, as missing these deadlines can permanently bar your claim.

Trust Litigation Under the Florida Trust Code (Chapter 736)

Florida's Trust Code, codified in Chapter 736 of the Florida Statutes, governs the creation, administration, and enforcement of trusts. Trust litigation can arise in a variety of contexts, including:

• Challenges to the validity of a trust based on lack of capacity, undue influence, fraud, or improper execution
• Disputes over the interpretation of trust provisions
• Actions to compel a trustee to provide accountings or information to beneficiaries under F.S. Section 736.0813
• Petitions to remove a trustee for breach of fiduciary duty under F.S. Section 736.0706
• Actions to modify or terminate a trust under F.S. Sections 736.04113 through 736.0414
• Surcharge actions against trustees who have mismanaged trust assets or engaged in self-dealing

Because trusts are often administered outside of probate court, disputes can go unnoticed for longer periods of time. Beneficiaries must be vigilant in reviewing trustee accountings and demanding transparency from those who manage trust assets on their behalf.

Breach of Fiduciary Duty by Personal Representatives and Trustees

Personal representatives and trustees owe the highest legal duty recognized by law: the fiduciary duty. This duty requires them to act in the best interests of the beneficiaries, manage assets prudently, avoid conflicts of interest, keep accurate records, and provide timely accountings.

When a fiduciary fails to meet these obligations, beneficiaries and other interested parties have the right to take legal action. Common examples of breach of fiduciary duty in the estate context include:

• Self-dealing or using estate or trust assets for personal benefit
• Failing to properly invest or safeguard assets
• Failing to distribute assets in accordance with the will or trust
• Commingling estate or trust funds with personal funds
• Failing to file required tax returns or pay estate debts
• Unreasonable delay in administering the estate
• Failing to provide accountings to beneficiaries as required by law

Under Florida law, a personal representative or trustee who breaches their fiduciary duty can be held personally liable for losses to the estate, ordered to return improperly taken funds, removed from their position, and required to pay the attorney's fees and costs of the aggrieved party.

Contested Accountings

Personal representatives and trustees are required to provide accountings that detail all income received, expenses paid, distributions made, and assets remaining in the estate or trust. When beneficiaries believe that an accounting is inaccurate, incomplete, or conceals improper transactions, they may file objections with the court.

Contested accounting proceedings can uncover hidden assets, unauthorized expenditures, excessive fees, and other forms of financial misconduct. These proceedings often require forensic accounting expertise to trace funds and identify discrepancies.

Elective Share Disputes (F.S. Sections 732.201 Through 732.2155)

Florida law protects surviving spouses from being entirely disinherited. Under Florida Statutes Sections 732.201 through 732.2155, a surviving spouse has the right to claim an elective share equal to 30 percent of the elective estate, regardless of what the decedent's will or trust provides.

The elective estate is broadly defined and includes not only assets passing through probate, but also assets held in revocable trusts, jointly held property, retirement accounts, payable-on-death accounts, and other non-probate assets. Calculating the elective estate can be complex and often leads to disputes between the surviving spouse and the other beneficiaries of the estate.

The surviving spouse must file an election to take the elective share within the earlier of six months after the date of service of a copy of the notice of administration or two years after the decedent's death. Missing this deadline can extinguish the right to claim the elective share.

Undue Influence Claims

Undue influence is one of the most commonly litigated issues in Florida estate law. It occurs when a person in a confidential relationship with the decedent uses that position to substitute their own wishes for the free will of the testator or trustor. Florida courts look at a number of factors when evaluating undue influence claims, including:

• Whether the alleged influencer was present at the execution of the estate documents
• Whether the alleged influencer was involved in procuring the documents
• Whether the alleged influencer selected or recommended the attorney who drafted the documents
• Whether the decedent was isolated from family and friends
• Whether the estate plan represents a significant departure from prior estate plans
• Whether the decedent was susceptible to influence due to age, illness, or cognitive decline

Under the Florida Evidence Code, once a presumption of undue influence is established, the burden shifts to the proponent of the challenged document to prove by a preponderance of the evidence that undue influence did not occur.

Recovery of Estate Assets and Theft from Estates

Unfortunately, the period surrounding a person's death can create opportunities for financial exploitation. Family members, caregivers, agents under a power of attorney, and others may improperly transfer assets, raid bank accounts, change beneficiary designations, or otherwise divert property that rightfully belongs to the estate.

Florida law provides several tools for recovering stolen or misappropriated estate assets, including:

• Actions to recover assets under F.S. Section 733.816
• Claims under the Florida Uniform Voidable Transactions Act
• Unjust enrichment and constructive trust claims
• Actions for exploitation of a vulnerable adult under F.S. Section 825.103

Time is of the essence in asset recovery cases. The sooner legal action is initiated, the greater the chance that misappropriated assets can be traced and recovered before they are dissipated.

Homestead Disputes

Florida's homestead laws, rooted in Article X, Section 4 of the Florida Constitution, impose unique restrictions on how a person's primary residence may be devised at death. In general, a Florida homestead property cannot be devised away from a surviving spouse or minor children. If the decedent is survived by a spouse and no minor children, the surviving spouse may elect to take a life estate in the homestead property or a one-half interest as a tenant in common.

Homestead disputes frequently arise when a decedent's will attempts to leave the homestead to someone other than the surviving spouse, when there is a question about whether a property qualifies as homestead, or when multiple parties claim homestead rights. These disputes often intersect with guardianship and elder law matters, particularly when the decedent was a ward at the time of death.

The Litigation Process in Florida Probate Court

Estate litigation in Florida generally follows these stages:

1. Filing the petition or complaint: The litigation begins when an interested party files a petition or complaint in the probate division of the circuit court. The specific filing depends on the nature of the dispute, whether it is a will contest, trust challenge, petition for removal of a personal representative, or other action.
2. Discovery: Both sides gather evidence through depositions, interrogatories, requests for production of documents, and subpoenas. Discovery is often critical in estate litigation because many relevant facts may be known only to the fiduciary or the alleged wrongdoer.
3. Mediation: Florida courts frequently require the parties to participate in mediation before trial. Mediation can be an effective way to resolve estate disputes without the expense, delay, and emotional toll of a full trial. Many estate cases settle at or after mediation.
4. Trial: If the case cannot be resolved through negotiation or mediation, it will proceed to trial before the probate judge. In Florida, most probate matters are tried before a judge rather than a jury, although jury trials are available in certain types of will contests.
5. Post-trial motions and appeals: After trial, either party may file post-trial motions or appeal the court's decision to the appropriate Florida District Court of Appeal.

Why You Need an Estate Litigation Attorney

Estate litigation is among the most complex areas of civil law. It requires a deep understanding of Florida's probate code, trust code, evidence rules, and constitutional provisions. It also demands familiarity with the practical realities of how probate courts operate and how judges evaluate the credibility of witnesses and the weight of evidence.

Attempting to handle an estate dispute without experienced legal representation can have serious consequences. Procedural mistakes, missed deadlines, and inadequate evidence presentation can result in the permanent loss of your rights. An experienced estate litigation attorney can:

• Evaluate the strength of your claims or defenses
• Develop a strategic litigation plan tailored to your situation
• Conduct thorough discovery to uncover relevant evidence
• Retain expert witnesses, including forensic accountants and medical professionals, when necessary
• Negotiate effectively in mediation
• Present a compelling case at trial
• Protect your rights throughout every stage of the process

Our Approach to Estate Litigation

At the Law Offices of Albert Goodwin, PA, we understand that estate disputes are not just legal matters. They involve deeply personal family relationships, grief, and the legacy of a loved one. We approach every case with sensitivity to these dynamics while providing aggressive, effective advocacy for our clients.

Our approach includes:

• Thorough case evaluation: We carefully analyze the facts, documents, and applicable law before recommending a course of action. We provide honest assessments of the strengths and weaknesses of your case so you can make informed decisions.
• Strategic planning: Every estate litigation matter is different. We develop a customized strategy designed to achieve the best possible outcome for your specific situation, whether through negotiation, mediation, or trial.
• Responsive communication: We keep our clients informed at every stage of the litigation and ensure that their questions are answered promptly. You will never be left wondering about the status of your case.
• Results-driven representation: Our goal is to resolve your dispute efficiently and favorably. When settlement is in your best interest, we negotiate aggressively on your behalf. When trial is necessary, we are fully prepared to advocate for you in court.

We handle estate litigation matters throughout Miami-Dade County, Broward County, and the state of Florida, including disputes involving probate administration, estate planning documents, guardianship issues, and related matters.

Contact Our Miami Estate Litigation Attorneys

If you are involved in an estate dispute or believe that a loved one's estate is being mismanaged, do not wait to seek legal help. The sooner you act, the better your chances of protecting your rights and preserving estate assets.

Contact the Law Offices of Albert Goodwin, PA today to schedule a consultation with an experienced estate litigation attorney. Call us at 786-522-1411 or email us at [email protected]. Our office is located at 121 Alhambra Plz # 1000, Coral Gables, FL 33134, and we serve clients throughout Miami and the state of Florida.