Estate Litigation Attorney Orlando

Comprehensive Estate Litigation Services in Orlando

Will Contests and Challenges

Lack of Testamentary Capacity Florida law requires testators to have mental capacity when executing wills. We challenge wills executed by individuals who lacked understanding of their property, natural beneficiaries, or the nature of making a will due to dementia, Alzheimer's, medication effects, or other mental impairments.

Undue Influence Claims When someone exploits a position of trust or confidence to manipulate a vulnerable person into changing their will or trust, undue influence has occurred. We prosecute claims involving caregivers who influenced elderly victims, family members who isolated and manipulated parents, and advisors who improperly benefited from client relationships.

Fraud and Forgery Wills procured through misrepresentation, deceit, or outright forgery are invalid. We challenge wills based on forged signatures, fraudulent inducement, and material misrepresentations that caused the testator to execute or change testamentary documents.

Improper Execution Florida requires specific formalities for valid wills including two witnesses, proper attestation, and testator signature. We challenge wills that don't meet Florida's execution requirements due to insufficient witnesses, improper witness attestation, and lack of testamentary formalities.

Revocation Issues Questions arise about whether later wills properly revoke earlier wills, whether revocations were valid, and which document represents the testator's final wishes. We litigate revocation disputes to establish the valid operative will.

Trust Litigation and Disputes

Trust Interpretation Disputes Ambiguous trust language creates disputes about trustee powers, beneficiary rights, distribution timing, and trust administration. We litigate trust interpretation issues to establish clear guidance for trust administration and protect beneficiary interests.

Modification and Reformation Trusts may need modification due to changed circumstances or reformation to correct mistakes in drafting. We pursue trust modifications under Florida law and reformation actions when trust language doesn't reflect the settlor's intent.

Trust Contest Actions Like wills, trusts can be challenged based on lack of capacity, undue influence, fraud, or improper execution. We contest invalid trusts that resulted from exploitation of vulnerable individuals.

Beneficiary Rights Enforcement Trustees must provide accountings, information, and comply with trust terms. We enforce beneficiary rights to information, proper distributions, trust accountings, and compliance with fiduciary duties.

Fiduciary Breach Claims

Trustee Misconduct Trustees owe fiduciary duties to beneficiaries including loyalty, prudent administration, and impartiality. We pursue breach of fiduciary duty claims against trustees who self-deal, favor certain beneficiaries, make imprudent investments, or fail to properly administer trusts.

Personal Representative Breach Personal representatives (executors) administering estates owe fiduciary duties to beneficiaries. We hold personal representatives accountable for mismanagement, self-dealing, improper distributions, and failure to preserve estate assets.

Guardian Misconduct Court-appointed guardians managing property for incapacitated persons must act in their ward's best interests. We pursue claims against guardians who exploit wards, waste assets, or breach fiduciary obligations.

Damages and Surcharge Fiduciary breach claims seek damages including lost income, decreased asset values, wasted funds, and compensation for harm caused. We pursue surcharge actions requiring fiduciaries to restore losses from their personal assets.

Probate Litigation

Claims Against Estates Creditors, service providers, and other claimants may assert claims against estates. We represent estates defending against improper claims and claimants pursuing valid claims against estate assets.

Homestead Disputes Florida's homestead protections create unique issues in estate administration. We litigate disputes over homestead property rights, devise restrictions, and family entitlements to homestead property.

Elective Share Claims Surviving spouses have elective share rights against estates under Florida law. We represent surviving spouses claiming elective shares and estates defending against improper elective share claims.

Family Allowance and Exempt Property Florida law provides family allowances and exempt property for surviving family members. We pursue these claims on behalf of entitled family members and defend estates against excessive claims.

Fiduciary Accounting Disputes

Formal Accounting Challenges Trustees and personal representatives must provide accountings showing all receipts, disbursements, and distributions. We challenge inadequate accountings, question improper expenses, and seek detailed accountings when fiduciaries fail to provide required information.

Asset Valuation Disputes Disputes arise over proper valuation of estate and trust assets. We litigate asset valuation issues involving real estate appraisals, business valuations, and personal property values.

Fee Disputes Personal representatives, trustees, and attorneys are entitled to reasonable fees. We challenge excessive fees and defend reasonable fee requests against beneficiary objections.

Removal of Fiduciaries

Trustee Removal When trustees breach duties, become unable to serve, or create conflicts requiring removal, we pursue removal actions in court. Grounds for removal include breach of trust, lack of cooperation with beneficiaries, and unfitness to serve.

Personal Representative Removal Personal representatives can be removed for cause including mismanagement, breach of fiduciary duty, and lack of capacity. We seek removal of personal representatives who harm estates and pursue appointment of qualified successors.

Guardian Removal Guardians who exploit wards or fail to properly manage ward property should be removed. We pursue emergency removal when needed to protect vulnerable individuals.

Beneficiary Representation

Distribution Rights We represent beneficiaries seeking proper and timely distributions from estates and trusts. This includes pursuing wrongfully withheld distributions, enforcing mandatory distribution provisions, and seeking court orders compelling distributions.

Information Rights Beneficiaries have rights to information about estates and trusts. We enforce these rights through demanding accountings, seeking trust documents, and pursuing court orders for disclosure.

Protection of Inheritance When estates or trusts are mismanaged, we take action to protect beneficiary interests through seeking temporary restraining orders, pursuing preliminary injunctions, and filing claims to preserve assets.