Attorney for Probate With Disputed Wills

The death of a loved one is difficult enough without the added stress of questions surrounding the validity of their will. When a will surfaces that contradicts a decedent's long-stated wishes, disinherits close family members without explanation, or appears to have been signed under suspicious circumstances, the probate process can quickly turn adversarial. In Miami, will contests are litigated in the Probate Division of the Miami-Dade County Circuit Court, and they are governed by strict procedural rules and unforgiving deadlines.

Our firm represents beneficiaries, heirs, disinherited family members, and personal representatives in probate matters involving disputed wills throughout Miami. Whether you believe a will is invalid and want to challenge it, or you are the personal representative tasked with defending the estate against a contest, an experienced probate litigation attorney can protect your rights and your loved one's true intentions.

What Is a Will Contest?

A will contest is a formal legal proceeding in which an interested person asks the probate court to declare that a will — or a portion of it — is invalid. If the challenge succeeds, the court may set aside the contested will entirely. The estate would then pass under a prior valid will or, if no earlier will exists, according to Florida's laws of intestate succession, which distribute assets to the decedent's closest surviving relatives.

Will contests in Miami are not informal family disagreements. They are litigated cases involving pleadings, discovery, depositions, expert witnesses, and, in many cases, evidentiary hearings or trials before a probate judge. Because the stakes often involve homes, investment accounts, business interests, and family legacies, these disputes demand skilled and strategic legal representation from the outset.

Legal Grounds for Contesting a Will in Miami

You cannot challenge a will simply because you are unhappy with what it says. Florida law requires a recognized legal basis for invalidating a will. The most common grounds raised in Miami probate litigation include the following.

Undue Influence

Undue influence occurs when someone in a position of trust or control pressures, manipulates, or coerces the testator into signing a will that reflects the influencer's wishes rather than the testator's own. This is the most frequently litigated ground in will contests, and it often arises when:

• A caregiver, new spouse, or recently involved family member receives a disproportionate share of the estate
• The beneficiary arranged for the attorney who drafted the will or was present at its signing
• The will was changed late in life, particularly when the testator was isolated, ill, or dependent on the beneficiary
• The new will sharply departs from a consistent, long-standing estate plan

Florida law recognizes a presumption of undue influence when a substantial beneficiary occupied a confidential relationship with the testator and was actively involved in procuring the will. Establishing — or rebutting — this presumption is often the central battleground in these cases.

Lack of Testamentary Capacity

To execute a valid will, the testator must be of sound mind at the time of signing. This means the testator must generally understand the nature and extent of their property, know the natural objects of their bounty (such as their spouse and children), and comprehend the practical effect of the will. Contests based on incapacity frequently involve evidence of dementia, Alzheimer's disease, stroke, heavy medication, or other cognitive impairment. Medical records, physician testimony, and accounts from witnesses who interacted with the testator near the time of execution all play a critical role.

Improper Execution

Florida imposes strict formalities on will execution. The will must be signed by the testator at the end of the document, in the presence of two attesting witnesses, who must also sign in the presence of the testator and each other. A will that fails to satisfy these requirements is invalid regardless of how clearly it expresses the decedent's wishes. Handwritten wills without proper witnessing and oral wills are not recognized.

Fraud, Duress, and Mistake

A will procured by fraud — such as tricking the testator about the contents of the document or lying about facts that shaped the testator's decisions — may be set aside. Similarly, a will signed under duress, meaning threats or coercion that overcame the testator's free will, is invalid. In limited circumstances, a will based on a fundamental mistake may also be challenged.

Forgery and Revocation

Some disputes involve allegations that the testator's signature was forged outright, requiring handwriting experts and forensic document examiners. Others involve claims that the offered will was revoked by the testator before death, either through a later will or by physical destruction of the document with the intent to revoke it.

Who Has Standing to Contest a Will?

Only an "interested person" may contest a will in Miami probate proceedings. This generally includes anyone who stands to gain or lose depending on the outcome, such as:

• Beneficiaries named in the contested will
• Beneficiaries named in a prior will who were reduced or eliminated in the later document
• Heirs who would inherit under intestate succession if no valid will existed, including spouses, children, and other close relatives
• In some circumstances, creditors and fiduciaries with a financial stake in the estate

Determining standing is a threshold issue. Before investing in litigation, our attorneys analyze whether you have a legally protected interest and what you stand to recover if the contest succeeds.

Critical Deadlines: Act Quickly or Lose Your Rights

Will contests are subject to some of the shortest deadlines in civil litigation. Under Florida law, a will generally cannot be contested before the testator's death. After death, once the will is admitted to probate and the personal representative serves a Notice of Administration, interested persons typically have only 90 days from service to file an objection challenging the validity of the will. If the personal representative serves a formal notice before the will is admitted, that window can shrink to as little as 20 days.

Missing these deadlines almost always results in a permanent loss of the right to contest, no matter how strong the underlying claim. If you have received probate notices in the mail or learned that an estate has been opened in Miami-Dade County, contact a probate litigation attorney immediately.

How a Disputed Will Case Proceeds in Miami Probate Court

While every case is unique, most will contests in the Miami-Dade Probate Division follow a general path:

1. Case evaluation and investigation. We review the contested will, prior wills, medical records, financial documents, and correspondence to assess the strength of the claim or defense.
2. Filing the contest or response. A petition or objection is filed in the probate proceeding, framing the legal grounds for the challenge.
3. Discovery. Both sides exchange documents, subpoena medical and financial records, and take depositions of witnesses, including the drafting attorney, attesting witnesses, caregivers, and family members.
4. Expert analysis. Physicians, neuropsychologists, handwriting experts, and forensic accountants may be retained to support claims involving capacity, forgery, or financial exploitation.
5. Mediation and settlement negotiations. Courts in Miami-Dade County routinely order mediation, and many will contests resolve through negotiated settlement agreements that restructure distributions among family members.
6. Trial. If the case does not settle, the probate judge hears the evidence and rules on the validity of the will.

Defending a Will Against a Contest

Our firm also represents personal representatives and beneficiaries defending the validity of a will. Personal representatives have a duty to uphold the will as written, and a baseless contest can drain estate assets and delay distributions for everyone. Effective defense strategies include presenting testimony from the drafting attorney and attesting witnesses, marshaling medical evidence of capacity, demonstrating the testator's independent decision-making, and moving to dismiss contests filed without legal merit or after the deadline has passed.

No-Contest Clauses Are Unenforceable

Many wills contain "in terrorem" or no-contest clauses purporting to disinherit any beneficiary who challenges the document. Under Florida law, these clauses are unenforceable in wills. This means a beneficiary with a legitimate basis to contest a will does not forfeit their inheritance merely by raising the challenge — an important protection for those who fear retaliation for asserting their rights.

Related Disputes That Often Accompany Will Contests

Disputed wills rarely exist in isolation. Our Miami probate litigation practice frequently handles related claims, including:

• Trust contests involving revocable trusts amended under the same suspicious circumstances as the will
• Breach of fiduciary duty claims against personal representatives who mismanage assets, self-deal, or fail to account
• Removal of personal representatives who have conflicts of interest or are unfit to serve
• Exploitation of vulnerable adults, including improper lifetime transfers, changed beneficiary designations, and misuse of powers of attorney
• Elective share and spousal rights disputes protecting a surviving spouse's statutory entitlements
• Homestead disputes concerning the decedent's primary residence, which receives unique protections under Florida law

What Happens If the Contest Succeeds?

If the court invalidates the contested will, the estate passes under the most recent prior valid will. If no earlier will exists, the estate is distributed under intestate succession, generally to the surviving spouse and descendants. In some cases, only specific provisions tainted by undue influence are stricken while the remainder of the will stands. Understanding these potential outcomes before filing is essential, because invalidating a will does not always produce the result a challenger expects.

How Our Miami Probate Litigation Attorneys Can Help

Disputed will cases blend probate procedure, trial advocacy, and sensitive family dynamics. Our attorneys bring all three skill sets to every engagement. We move quickly to preserve evidence and meet filing deadlines, conduct thorough investigations into the circumstances surrounding the will's creation, retain credible experts, and negotiate firmly while preparing every case as though it will be tried. Throughout the process, we keep clients informed and focused on practical outcomes — protecting inheritances, honoring a loved one's true intentions, and bringing closure to painful family conflicts.

Frequently Asked Questions

How long does a will contest take in Miami?

Contested probate cases commonly take twelve to twenty-four months, depending on the complexity of the issues, the volume of discovery, and the court's calendar. Cases that settle at mediation resolve considerably faster.

How much does it cost to contest a will?

Costs vary with the complexity of the case. Depending on the circumstances, fee arrangements may include hourly billing, and in appropriate cases courts may award attorney's fees from the estate. We discuss fee structures candidly during your initial consultation.

Can I see the will before deciding whether to contest it?

Yes. Once a will is deposited with the court or admitted to probate, it becomes part of the court file. Our attorneys can obtain the will, prior wills, and the probate filings to evaluate your options.

What if the estate includes the family home?

The decedent's homestead receives special constitutional and statutory protections that affect how it may be devised and who may inherit it. Homestead issues frequently intersect with will contests and require careful legal analysis.

Speak With a Miami Disputed Will Attorney Today

If you suspect a loved one's will was the product of undue influence, incapacity, fraud, or forgery — or if you have been accused of these things and need to defend a will — time is not on your side. The deadlines governing will contests in Miami probate court are short and strictly enforced. Contact our office today to schedule a confidential consultation with a probate litigation attorney who can evaluate your case, explain your options, and act swiftly to protect your interests.

You can contact us by phone at 786-522-1411 or by email at [email protected].