Florida Probate Litigation Lawyer: A Trusted Florida Probate Litigation Attorney for Estate and Trust Disputes
A Florida probate litigation attorney represents clients in disputes that arise during the administration of a deceased person’s estate, helping beneficiaries, heirs, and fiduciaries protect their legal rights in probate court. A Florida probate litigation lawyer handles complex conflicts such as contested wills, allegations of undue influence, disputes over asset distribution, and claims of fiduciary misconduct by personal representatives or trustees.
When probate litigation in Florida becomes necessary, an experienced probate litigation attorney Florida families rely on can analyze the estate documents, investigate the surrounding circumstances, and pursue or defend claims to ensure the decedent’s true intentions are honored.
Whether the dispute involves a will contest, breach of fiduciary duty, or improper transfer of estate assets, working with a skilled Florida estate litigation attorney is often essential to resolving probate conflicts efficiently and protecting the interests of those entitled to inherit.
The Critical Role of Strategic Probate Litigation in Florida
In our experience with Florida courts, the passing of a loved one can unfortunately lead to significant legal conflict.
When the validity of a will is questioned or a trustee fails to act in the best interests of the beneficiaries, the estate can quickly become depleted by mismanagement or unauthorized spending.
We at Lorenzo Law see litigation as a necessary tool to ensure the decedent’s true intent is honored and that heirs receive what is rightfully theirs under Florida probate law.
Why Pursuing Action with a Florida Probate Litigation Attorney Matters
Probate litigation in Florida is more than just a legal dispute; it is a mechanism to protect the integrity of a decedent’s legacy and the financial security of their heirs. Utilizing an experienced probate litigation attorney Florida is essential for the following reasons:
- Protecting Estate Assets from Depletion: Without the intervention of a florida estate litigation attorney, an estate can be rapidly exhausted by a rogue personal representative through unauthorized spending or poor investment choices.
- Enforcing Fiduciary Accountability: Under Florida Statute 733.602, a personal representative is a fiduciary held to the highest legal standards. A florida probate litigation lawyer can compel accountings or seek a court-ordered surcharge to recover lost value.
- Challenging Invalid Testamentary Documents: If a will or trust was executed due to undue influence, fraud, or a lack of capacity, a probate litigation attorney florida can petition the court to set aside the invalid document under Florida Statute 732.5165.
- Defending Against Baseless Claims: For those serving as fiduciaries, a probate litigation attorney florida provides the defense necessary to protect the estate from predatory creditors or disgruntled, disinherited family members.
- Securing Spousal and Heir Rights: Litigation ensures that a surviving spouse receives their mandatory elective share under Florida Statute 732.201, preventing them from being illegally disinherited.
- Navigating Strict Procedural Deadlines: Because Florida Statute 733.212 imposes a strict 90-day window to object to a will after receiving a Notice of Administration, immediate action by a florida probate litigation lawyer is the only way to prevent a permanent waiver of rights.
Who Should Seek a Florida Estate Litigation Attorney?
Determining when to engage a florida probate litigation attorney is a critical decision that often depends on whether your legal rights under the Florida Probate Code have been compromised.
Probate litigation in Florida is a specialized field designed to resolve high-stakes disputes, and it is not intended for those who are merely dissatisfied with their share of an estate where the documents are valid and the probate process was followed correctly.
If you find yourself in any of the following categories, you should consult with a probate litigation attorney florida to protect your interests:
- Beneficiaries and Heirs-at-Law: Individuals who believe the estate administration is being handled improperly or that assets are being wasted, stolen, or mismanaged by a fiduciary.
- Disinherited Family Members: Those who have been unexpectedly excluded from a will and suspect a lack of capacity or undue influence was involved in the execution of the document, in violation of Florida Statute 732.5165.
- Surviving Spouses: Spouses who must assert their statutory rights, such as the elective share under Florida Statute 732.201, or protect their homestead and family allowance rights.
- Personal Representatives and Trustees: Fiduciaries who require a florida probate litigation lawyer to defend the estate or trust against meritless lawsuits, creditor claims, or hostile beneficiaries.
- Creditors of the Estate: Parties seeking to enforce valid claims for debts owed by the decedent, ensuring they are paid during the probate administration before final distribution to heirs.
- Omitted Children or Pretermitted Heirs: Children born or adopted after the execution of a will who may be entitled to a share of the estate under Florida Statute 732.302.
Why These Parties Need a Florida Probate Litigation Lawyer
Engaging a florida estate litigation attorney is vital for several high-impact reasons:
- Standing to Sue: Under florida probate law, only “interested persons” have the standing to initiate probate disputes.
- Asset Recovery: Litigation is often the only path to recover estate assets that were improperly transferred prior to death via fraud or duress.
- Statutory Protection: Whether you are a surviving spouse or a disinherited child, the law provides specific protections that require a deep understanding of the statutes to enforce.
- Defense Against Liability: For a personal representative, a florida probate litigation lawyer provides a shield against personal liability and claims of breach of fiduciary duty.
Where and When Probate Litigation in Florida Applies
Understanding the jurisdictional and timing requirements for probate litigation in Florida is vital to protecting your inheritance.
Because Florida maintains some of the most rigid procedural rules in the country, working with a Florida probate litigation attorney who understands the local court systems and statutory triggers is essential for a successful outcome.
Jurisdictional Authority: Where Disputes are Resolved
The “where” of your case is dictated by the Florida Probate Code and the location of the decedent’s assets.
- The Florida Circuit Court: All litigated estate matters are handled within the probate division of the Circuit Court.
- Venue Selection: Litigation must typically be filed in the county where the decedent was domiciled at the time of their death.
- Out-of-State Property: If a non-resident owned real estate in the State of Florida, an ancillary probate administration may trigger probate disputes in the county where that property is located.
- Trust Litigation Venues: For trust litigation, the venue may be determined by the principal place of trust administration or where the trustee resides, pursuant to Florida Statute 736.0204.
Timing and Deadlines: When to Engage a Florida Probate Litigation Lawyer
In Florida probate cases, timing is not just important—it is jurisdictional. Delaying action can result in a permanent bar to your claims.
- The Notice of Administration: The “clock” often starts when you receive a formal Notice of Administration.
- The 90-Day Objection Window: Under Florida Statute 733.212, an “interested person” has only 90 days from the date of service to file a will contest or object to the probate process.
- Creditor Claim Deadlines: Creditors generally have three months from the first publication of the Notice to Creditors to file their claims against estate assets per Florida Statute 733.702.
- Surviving Spouse Elections: A surviving spouse must typically elect their elective share within six months of receiving the notice under Florida Statute 732.2135.
- Discovery of a Breach: For a breach of fiduciary duty, the statute of limitations may be shortened if the personal representative provides an accounting or “limitation notice” under Florida Statute 733.604.
Navigating the Florida Probate Litigation Process
The path to resolving probate disputes requires a strategic and aggressive approach to ensure the proper administration of an estate.
As an experienced probate litigation attorney Florida, we guide clients through the legal complexities of the Florida probate process using a structured, court-supervised methodology.
When estate assets are at risk due to fiduciary misconduct or an invalid will contest, our firm utilizes the following procedural framework to protect your inheritance:
- Initiating the Action via Formal Pleadings: The litigation begins by filing a formal Petition to Revoke Probate or a Formal Objection to the Notice of Administration in the appropriate Florida Circuit Court. Under Florida Statute 733.212, this must be executed with precision to avoid the permanent waiver of your rights.
- Comprehensive Discovery and Investigation: Your Florida probate litigation lawyer enters an intensive discovery phase to uncover evidence of lack of capacity, undue influence, or fraud. We utilize subpoenas for medical records involving cognitive impairment, take sworn depositions of witnesses, and conduct forensic audits of estate assets to build a high-authority case.
- Enforcing Fiduciary Accountability: We hold the personal representative accountable under Florida Statute 733.602, ensuring they adhere to their fiduciary duty of loyalty and care. If estate matters involve self-dealing or mismanagement of property, a probate litigation attorney Florida will petition for the removal of the representative or seek a court-ordered surcharge.
- Mandatory Mediation and Settlement Strategy: Many Florida courts require parties to engage in mediation to attempt a resolution outside of trial. This allows the surviving spouse and heirs to reach a settlement that preserves the value of high net worth estates while avoiding the emotional strain of a public courtroom battle.
- Evidentiary Hearing and Bench Trial: If a settlement is not reached, the Florida estate litigation attorney presents the case during a trial. Per Florida Statute 733.109, these probate disputes are typically decided by a judge rather than a jury, making a deep understanding of Florida probate law and judicial preferences essential for success.
- Final Accounting and Distribution: Once the court issues a judgment regarding the will contest or trust litigation, we oversee the final probate administration to ensure that distributions are made correctly and that all estate assets are secured according to the court’s order.
Common Types of Probate Disputes and Legal Challenges
Probate disputes in Florida involve legal challenges to the validity of a will, the fitness of a personal representative, or the proper distribution of estate assets under Florida probate law.
Breach of Fiduciary Duty by a Personal Representative
Under Florida Statute 733.602, a personal representative is a fiduciary who must observe the same standards of care as a trustee.
Our team has a deep understanding that this fiduciary duty requires the representative to settle and distribute estate assets as expeditiously and efficiently as possible, in accordance with the decedent’s will and the Florida Probate Code.
When a representative fails in their duty—through self-dealing, mismanagement of property, or failing to provide a timely accounting—our probate litigation attorneys provide the aggressive representation needed to manage the situation and protect your interests.
If you suspect a breach, contact our firm for a free consultation to assist you in dealing with these legal complexities.
Estate Litigation Involving Undue Influence and Capacity
A florida probate litigation attorney often handles florida probate cases where a will is alleged to be void due to fraud, duress, or undue influence.
Pursuant to Florida Statute 732.5165, a will is void if its execution was procured through such means.
We frequently see probate disputes where a vulnerable individual with cognitive impairment or other cognitive impairment was pressured into changing their estate planning documents.
Our litigation attorney team is skilled at uncovering evidence of active procurement to navigate this complex process and ensure the proper administration of the true estate plan.
Trust Litigation and Disputed Trust Administration
Trust litigation in Florida is governed by Florida Statute 736.0801, which mandates that a trustee must administer a trust in good faith and in the interests of the beneficiaries.
Common types of disputes in trust administration include failure to make required distributions, lack of transparency, or improper investment of trust property.
As probate litigation attorneys practicing law in Florida, we handle all aspects of estate matters, ensuring that both probate administration and trust oversight meet the strict standards of florida probate law.
Whether you are a surviving spouse enforcing elective share rights under Florida Statute 733.212 or a beneficiary seeking an accounting, our legal services are designed to help you navigate the florida probate process with confidence.
Essential Florida Probate Glossary
- Letters of Administration: The court document appointing a personal representative.
- Fiduciary Duty: The highest legal duty of care and loyalty owed by a representative to beneficiaries.
- Undue Influence: When someone overpowers the mind of a testator to change a will.
- Testamentary Capacity: The mental state required to legally sign a will.
- Surcharge: A legal claim to make a fiduciary pay back the estate for losses caused by their mistakes.
- Intestate: Dying without a valid will, leaving the estate to be governed by Florida’s default laws.
Myths and FAQs About Florida Probate
- Myth: “I can challenge a will at any time.” Reality: You often have only 90 days after receiving notice.
- Myth: “The oldest child is automatically in charge.” Reality: The court must appoint a representative based on the will or Florida statutes.
- Myth: “If I win, the other side pays my fees.” Reality: While possible under Florida Statute 733.106, it is not guaranteed and depends on the judge’s ruling.
Comparing Your Legal Options in a Dispute
| Feature | Mediation/Settlement | Formal Litigation | Summary Administration |
| Speed | Fast (Weeks/Months) | Slow (1–2+ Years) | Very Fast |
| Cost | Lower | High (Trial Prep) | Minimal |
| Control | High (You decide) | Low (Judge decides) | Formulaic |
| Lorenzo Law Recommendation | Best for family harmony and preserving assets. | Necessary when the other side is acting in bad faith. | Only for small, uncontested estates under $75k. |
When Mediation Makes Sense
We often recommend mediation when the costs of trial might outweigh the value of the disputed asset. It allows families to find a middle ground without a public court record.
When Full Litigation is Required
Formal litigation is necessary when there is clear evidence of fraud, theft, or when a document was signed while the decedent was mentally incapacitated. If the other party refuses to negotiate, the courtroom is the only path to justice.
When to Engage a Florida Probate Litigation Attorney
In Florida, estate litigation becomes necessary when a party with a “beneficial interest” believes the integrity of the probate process has been compromised.
As an experienced probate litigation attorney Florida, we recognize that while many estates are settled harmoniously, specific red flags often necessitate formal legal intervention to protect estate assets and beneficiary rights.
Common Situations Requiring Probate Litigation in Florida
- Suspicious Last-Minute Amendments: We often see probate disputes arising from sudden changes to a will or trust made shortly before death, especially if the changes favor a caregiver or non-family member.
- Unaccounted Estate Property: Litigation is appropriate when high-value property or financial accounts go missing from the family home or estate inventory without explanation.
- Fiduciary Transparency Issues: If a personal representative refuses to provide a formal accounting or ignores requests for information, a Florida estate litigation attorney can compel transparency under Florida Statute 733.604.
- Validity Challenges: When there is evidence that the decedent suffered from cognitive impairment or other cognitive impairment at the time of signing, a will contest may be the only way to ensure proper administration.
- Breach of Duty Claims: When a fiduciary engages in self-dealing or mismanagement, we hold them accountable under Florida Statute 733.602, which defines the strict fiduciary duty owed to all heirs.
How Lorenzo Law Evaluates Your Estate Dispute
We don’t take every case that walks through the door; our firm applies a rigorous “merit-based” analysis to ensure we can provide a clear return on investment for our clients.
As a top rated probate litigation lawyer Florida, we focus on florida probate cases where the evidence supports a strong legal claim.
Our Professional Evaluation Criteria
- Tangible Evidence Review: We prioritize cases backed by medical records, financial statements showing suspicious bank transfers, or contradictory estate documents.
- Witness Credibility: Our team looks for supportive testimony from disinterested witnesses—such as doctors, long-term friends, or neighbors—who can speak to the decedent’s mental state.
- Statutory Compliance Check: We verify that your claim falls within the strict deadlines of Florida Statute 733.212, ensuring your right to sue has not been permanently waived.
- Financial Viability: We analyze the value of the estate assets involved to ensure that the cost of hiring a probate litigation attorney Florida is justified by the potential recovery for the client.
- Actionable Grounds: We evaluate whether the facts meet the high legal threshold for undue influence, fraud, or lack of capacity as defined by Florida Statute 732.5165.
Evaluating the Risks and Benefits of Probate Litigation in Florida
Deciding whether to pursue estate litigation is a significant decision that requires weighing the potential for justice against the practical costs of a legal battle.
As an experienced probate litigation attorney Florida, we help our clients conduct a cost-benefit analysis to ensure they are making an informed choice for their family and their financial future.
The Strategic Benefits of Engaging a Florida Estate Litigation Attorney
- Asset Recovery and Restitution: The primary goal of a Florida probate litigation lawyer is often to recover estate assets that have been stolen, misappropriated, or improperly transferred via fraud or undue influence.
- Removal of Unfit Fiduciaries: We utilize Florida Statute 733.602 and 733.604 to petition for the removal of a personal representative or trustee who has breached their fiduciary duty.
- Ensuring Proper Distribution: Litigation ensures that the decedent’s true intent is honored and that the surviving spouse and rightful heirs receive their legal inheritance under Florida probate law.
- Accountability and Transparency: A probate litigation attorney Florida can compel a formal accounting, forcing a non-communicative fiduciary to disclose all financial transactions related to the estate.
Potential Risks Involved in Probate Litigation in Florida
- Financial Investment: Probate litigation in Florida can be expensive; while some cases result in fee shifts, challengers often must pay legal services fees upfront.
- Emotional Toll: The complex process of a will contest or trust dispute can place significant emotional strain on family relationships, sometimes leading to permanent rifts.
- Uncertainty of Outcome: Despite strong evidence of cognitive impairment or mismanagement, there is always a risk that a judge may not rule in your favor, as these estate matters are often highly subjective.
- Estate Depletion: In some Florida probate cases, prolonged litigation can significantly reduce the total value of the estate due to the accumulation of administrative and legal costs.
Understanding Costs and Timeframes in Florida Probate Cases
Transparency regarding the financial and temporal aspects of probate administration is a hallmark of our firm.
The Financial Reality of Estate Litigation
- Variable Cost Drivers: Litigation costs vary based on the legal complexities of the case, ranging from several thousand dollars to significantly more for multi-week trials involving expert witnesses.
- Who Pays for the Litigation? Typically, the estate pays the personal representative’s fees, while challengers may have to pay their own litigation attorney fees out of pocket unless a surcharge or fee-shifting statute applies.
- Professional Fees: Costs include not just your Florida probate litigation lawyer, but also potential fees for forensic accountants, medical experts, and court reporters.
Typical Duration of a Florida Probate Dispute
- Standard Timeline: A standard will contest or trust litigation matter typically lasts between 12 to 24 months from the initial filing to a final judgment.
- Factors Affecting Speed: The timeframe is influenced by the court’s calendar, the volume of discovery required, and whether the parties are open to a mediation settlement.
- Procedural Requirements: Following the strict deadlines in Florida Statute 733.212 is necessary to keep the case moving forward and avoid unnecessary procedural delays.
Strategic Approaches for a Florida Probate Litigation Attorney
Florida probate litigation requires a sophisticated understanding of the Florida Probate Code to effectively resolve conflicts involving estate assets, will validity, and the fiduciary duty of those appointed to manage the estate.
Advanced Legal Services for Complex Estate Planning Disputes
Even with meticulous estate planning, probate disputes often arise due to legal complexities in the probate process.
As a litigation attorney practicing law in Florida, we provide specialized legal services to assist clients in dealing with contested estate matters, including the discovery of hidden property or the valuation of complex estate assets.
Under Florida Statute 733.602, the personal representative is held to a high fiduciary duty to settle the estate according to the decedent’s intent and florida probate law.
Our firm has a deep understanding of how to navigate these aspects of estate administration to ensure proper administration and transparency for all beneficiaries.
How Probate Litigation Attorneys Handle a Will Contest
A will contest is one of the most frequent florida probate cases we handle, often centered on a lack of capacity or undue influence.
Pursuant to Florida Statute 732.5165, any part of a will is void if its execution is procured by fraud, duress, or mistake.
Our probate litigation attorneys investigate whether the testator suffered from cognitive impairment or other cognitive impairment that prevented them from understanding the nature of their plan.
By utilizing medical experts and forensic evidence, our team at Lorenzo Law works to manage the complex process of challenging or defending the document during probate administration.
Protecting the Rights of the Surviving Spouse through Trust Litigation
Trust litigation and trust administration disputes frequently impact the surviving spouse, especially regarding elective share and homestead rights.
Under Florida Statute 732.201, a surviving spouse has a right to a share of the elective estate, a protection designed to prevent total disinheritance.
Whether the conflict involves common types of trust litigation, such as a trustee failing to provide an accounting, or disputes over the florida probate process, our florida probate litigation attorney provides aggressive representation.
Contact us for a free consultation to see how we can assist you in securing the assets you are legally entitled to under the State of Florida statutes.
Step-By-Step: The Litigation Process
- Initial Consultation: We review the estate documents and your evidence.
- Filing the Action: We file a Petition or Answer and Affirmative Defenses in the appropriate Florida county.
- Discovery: We exchange documents and take depositions of witnesses and experts.
- Mediation: A mandatory step in many Florida circuits to try and settle the case.
- Trial: If no settlement is reached, we present your case before a judge.
Document Checklist for Your Attorney
- [ ] Copy of the current Will or Trust
- [ ] Death Certificate
- [ ] Names and addresses of all heirs and beneficiaries
- [ ] Evidence of wrongdoing (bank statements, emails, medical records)
- [ ] Any “Notice of Administration” you received in the mail
Frequently Asked Questions (FAQ)
1. How long do I have to contest a will in Florida? Once you receive a Notice of Administration, you generally have only 90 days to file a formal challenge.
2. Can a personal representative be sued for making mistakes? Yes. If they breach their fiduciary duty, they can be “surcharged,” meaning they must pay for the losses out of their own pocket.
3. What is “Undue Influence” in Florida? It is more than just persuasion; it is mental or emotional coercion that destroys the free agency of the person making the will.
4. Does Florida recognize “no-contest” clauses? No. Unlike some states, Florida law (Statute 732.517) makes “no-contest” clauses in wills unenforceable.
5. Do I need a lawyer for probate litigation? Yes. Florida Probate Rule 5.030 generally requires a personal representative to be represented by an attorney.
6. Can I recover my attorney fees? Under certain Florida statutes, if your litigation benefited the estate, the court may order your fees to be paid by the estate.
7. Can an inheritance be contested? Yes, an inheritance can be challenged through estate litigation if there are legal grounds to believe a document is invalid. A Florida probate litigation attorney typically files these claims when there is evidence of fraud, duress, or a failure to follow Florida probate law.
8. How do I contest a will in Florida? To initiate a will contest, a litigation attorney must file a formal “Petition to Revoke Probate” or a “Formal Objection” in the Circuit Court. This triggers probate disputes where the court examines evidence of lack of capacity or undue influence.
9. How long do I have to contest a will in Florida? Under Florida Statute 733.212, you generally have only 90 days after receiving a Notice of Administration to file an objection. Failing to act within this strict window usually results in a permanent waiver of your rights in the probate process.
10. Can I contest a will after probate is granted in Florida? It is difficult once probate administration has concluded and assets are distributed. However, a Florida probate litigation lawyer may petition to reopen the case if you were never served a Notice of Administration or if new evidence of fraud surfaces.
11. How much does it cost to contest a will in Florida? Costs vary based on the legal complexities and the length of the estate litigation. While some probate litigation attorneys charge hourly, others may work on a contingency or hybrid fee structure depending on the estate assets involved.
12. What is the success rate of contesting a will in Florida? Success depends on the strength of evidence, such as medical records proving cognitive impairment or testimony regarding undue influence. Hiring an experienced litigation attorney who understands Florida probate cases increases the likelihood of a favorable settlement.
13. Can a beneficiary contest a will in Florida? Yes, any “interested person” affected by the probate administration has the legal standing to initiate probate disputes. This includes beneficiaries who believe a prior version of the will better reflects the decedent’s true intent.
14. Can a disinherited family member contest a will? Yes, a disinherited member can file a will contest if they would have inherited under a previous will or through intestate succession. A Florida probate litigation attorney can help determine if you have the necessary standing to sue.
15. What evidence do I need to contest a will in Florida? Crucial evidence includes medical records showing other cognitive impairment, testimony from witnesses, and financial records indicating suspicious transfers of property. Expert testimony is often required in complex estate matters.
16. Is a no-contest clause enforceable in Florida? No. Under Florida Statute 732.517, any provision that purports to penalize an interested person for contesting a will is unenforceable. You can pursue legal services to challenge a document without fear of losing an existing inheritance.
17. Can you contest a trust in Florida? Yes, trust litigation is a common part of estate administration when a trust is suspected of being invalid. Similar to a will contest, a trust can be challenged for lack of capacity or undue influence under the Florida Trust Code.
18. What happens when a will is contested during probate? The probate process for distribution is typically paused while the court oversees discovery. During this time, probate litigation attorneys gather evidence, and the matter may proceed to a trial to determine the document’s validity.
19. What is undue influence under Florida law? Undue influence occurs when a person in a position of trust destroys the testator’s free agency to procure an estate planning document. It is often proven by showing a “confidential relationship” and “active procurement” of the will.
20. How do you prove undue influence in Florida? Courts look for several factors, such as whether the influencer was present at execution or recommended the litigation attorney. Proving this requires a deep understanding of Florida case law and the Florida probate process.
21. Can a will be invalidated if the person had dementia? Yes, if it is proven the person suffered from a lack of capacity at the exact moment of signing. While cognitive impairment doesn’t automatically void a will, it is a primary driver for probate disputes.
22. What are a surviving spouse’s rights in Florida probate? A surviving spouse has powerful protections, including the right to homestead property, a family allowance, and the elective share. These rights ensure the spouse is not completely disinherited during the probate process.
23. What is the Florida elective share? Under Florida Statute 732.201, a surviving spouse is entitled to 30% of the decedent’s elective estate. This includes both probate property and certain non-probate estate assets.
24. What is Florida homestead protection in probate? The Florida Constitution protects a primary residence from most creditor claims. If a decedent is survived by a spouse or minor child, there are strict rules on how that property can be devised through estate planning.
25. Can you disinherit a child in Florida? Yes, a parent can generally disinherit an adult child, except for certain homestead restrictions. The disinheritance must be clearly stated, but the child may still file a will contest if they suspect undue influence.
26. What happens if there is no will in Florida? When someone dies “intestate,” estate assets are distributed per Florida Statute 732.101. The proper administration usually grants assets to the surviving spouse and heirs-at-law in a specific order of priority.
27. What happens to jointly owned property when someone dies in Florida? Property held as “Joint Tenants with Right of Survivorship” typically passes directly to the survivor outside of the Florida probate process. If held as “Tenants in Common,” the decedent’s share must undergo probate administration.
Contact Lorenzo Law: Your Trusted Florida Probate Litigation Attorney
If you are facing a will contest, a trust dispute, or a breach of fiduciary duty, you need a probate litigation attorney Florida who understands the high stakes of estate litigation.
We provide aggressive and strategic representation to ensure the proper administration of your loved one’s estate and the protection of your inheritance under Florida probate law.
At Lorenzo Law, we are proud to serve as a florida probate litigation lawyer for clients throughout the entire state.
Whether you are dealing with legal complexities in a large metropolitan area or a smaller municipality, our team is ready to assist you in navigating the Florida probate process.
Our Credentials
- Members of The Florida Bar
- Experienced in Florida Circuit Courts (Probate Division)
- Bilingual Services (English & Spanish)
Service Areas: Cities & Counties We Serve
We provide legal services for probate disputes and estate matters in the following Florida locations:
- South Florida: Serving Miami-Dade County (Miami, Coral Gables, Aventura), Broward County (Fort Lauderdale, Hollywood, Pembroke Pines), and Palm Beach County (West Palm Beach, Boca Raton, Jupiter).
- Central Florida: Representing clients in Orange County (Orlando), Hillsborough County (Tampa), Pinellas County (St. Petersburg, Clearwater), and Polk County (Lakeland).
- North Florida: Assisting heirs and fiduciaries in Duval County (Jacksonville), Leon County (Tallahassee), and Alachua County (Gainesville).
- Southwest Florida: Providing representation in Lee County (Fort Myers) and Collier County (Naples).
- Additional Counties: We also serve Brevard, Volusia, Marion, Sarasota, Manatee, Pasco, and Seminole counties.
Schedule Your Free Consultation Today
Don’t let strict deadlines under Florida Statute 733.212 jeopardize your rights.
Contact a florida probate litigation attorney today to discuss your case and learn how we can help you manage the complex process of probate administration.
Legal Note: This information is for educational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this page.