Fort Lauderdale Probate Litigation Attorney

At a glance: contested estates and trusts in Broward

A dispute and an administration are different jobs. Probate is the court-supervised process of collecting a decedent’s assets, paying valid debts and expenses, and distributing what remains; litigation begins when someone asks the judge to decide a contested question in or alongside that process. That is the difference between probate and litigation. When an estate is in litigation, administration usually continues, but while a will or trust contest is pending, distributions that would conflict with the rights of those who could win the contest are restricted (§ 733.109; § 736.08165). If the family agrees and the estate simply needs to be opened, administered and closed, start with Fort Lauderdale probate administration. This page is about the matters that become contested.

What does a Fort Lauderdale probate litigation attorney do?

You may see this work called a probate litigation lawyer, a probate litigator, an estate litigation attorney or estate litigation lawyer, a trust litigation attorney or trust litigation lawyer, a contested will attorney or an inheritance dispute lawyer; the label matters less than the proceeding.

Other titles describe different work. The difference between an estate attorney and a probate attorney is usually one of timing: an estate attorney helps clients plan with wills, trusts and powers of attorney, while a probate attorney guides the court process after a death. The difference between an estate attorney and a trust attorney is one of focus, since a trust attorney drafts trusts or advises trustees and beneficiaries. One lawyer may do all three, and none of those titles says whether the lawyer handles contested cases. The type of lawyer you need to contest a will or a trust is one who litigates these proceedings; when weighing an estate attorney versus a probate attorney for a dispute, ask about the specific proceeding you face.

A probate litigation attorney in Fort Lauderdale is usually asked one of five questions: Is this document valid? Is the person in charge doing the job lawfully? Is the estate being charged fairly? What does a surviving spouse receive? And what happened to property that moved outside the will?

Not every will dispute is a contest. A construction proceeding, such as a petition for construction of will or trust terms, asks the court to resolve an ambiguity and say what the document means, and a determination of beneficiaries asks who is entitled to take; both are probate litigation even when no one claims the document is invalid. Declaratory relief is also available to settle questions about the construction of a will or other writing (§ 86.041). Fiduciary litigation is the part of the field aimed at the person in charge, the personal representative of an estate or the trustee of a trust. Those claims concern conduct, not the validity of the document, and they use different evidence. Many Broward matters involve both kinds of question at once, which is why the review starts with the whole set of documents rather than the one that caused the argument.

Is estate litigation the same as probate litigation?

Not exactly. Probate litigation is a dispute inside an estate proceeding, such as a will contest, a petition to remove a personal representative or an objection to an accounting. Estate litigation is the broader term: it also covers trusts, deeds, joint accounts with survivorship rights, beneficiary designations and other transfers that never pass through probate. Will litigation is the narrowest, concerned with the will itself.

The categories overlap in the evidence they use, often the same medical records, bank statements and witnesses, but they do not all follow the same code, notice rules or filing procedure. A claim about a revocable trust, for example, is generally commenced by filing a complaint governed by the Florida Rules of Civil Procedure (§ 736.0201(1)); which division of the circuit court hears it is set by local order, and trust-administration and beneficiary-rights matters are typically assigned to the probate division. Treating an estate contest, a trust contest and a deed challenge as one filing is a costly mistake. The Florida estate disputes guide explains how these claims connect statewide.

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Start with your role and the dispute

See the chart “Which proceeding fits the dispute” (opens the full-size image; the details are also in the text).

Who can contest a will or trust in Florida?

Who can contest a will in Florida is a question of standing. Generally, it is an interested person: someone who may reasonably be expected to be affected by the outcome of the particular proceeding. Florida’s definition turns on that proceeding, and it excludes a beneficiary who has already received a complete distribution (§ 731.201). The practical test is whether you would receive more, or lose less, if the challenged document or action failed.

Being a non-beneficiary under the current will does not, by itself, end the question. A person who would inherit under an earlier will, or as an heir if there were no will, may have standing to challenge the new one, and being cut out is often part of the evidence. Being related to the decedent, receiving a notice, or disagreeing with a distribution does not by itself establish the right to bring every claim, because standing is measured proceeding by proceeding. A creditor, for example, is interested in its claim, not in who inherits. A stepchild who was never adopted is usually not an heir, so a stepchild’s standing generally depends on being named in a prior will.

Can a grandchild contest a will? Usually only if a prior will names the grandchild, or if the grandchild would inherit as an heir, which generally requires that the grandchild’s parent died before the decedent. Brothers and sisters come next in line after parents: a sibling generally inherits as an heir only when the decedent left no descendants and no surviving parent, and a surviving spouse takes first (everything, if there are no descendants), so whether siblings can contest a will usually depends on that order or on a prior will that names them. Can nieces and nephews contest a will? They are in a similar position: unless a prior will names them, they generally inherit as heirs only when the decedent left no descendants and no surviving parent, and only if their own parent (the decedent’s brother or sister) has died, taking that parent’s share (§ 732.102; § 732.103; § 732.104). In both cases the question is the same: what would you receive if the challenged will failed?

For a trust, the question is whether you are a beneficiary or would become one if the challenged trust or amendment failed. A qualified beneficiary also has information rights while the trust is administered. Both are covered under trust disputes.

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Notices and deadlines: what to check first

The table summarizes common triggers. It does not calculate a deadline for a particular estate or trust.

See the chart “Notices that can start a clock” (opens the full-size image; the details are also in the text).

How long do you have to contest a will in Florida?

The time limit is usually three months after you are served with the notice of administration, for objections to the will’s validity, the venue or the court’s jurisdiction (§ 733.212(3)). It is three months, not 90 days, and it runs from service on you, not from the date of death, so beneficiaries served on different days can have different deadlines. People often call this the statute of limitations for a Florida will contest, or the deadline for an objection to probate; strictly, it is a statutory objection period with its own exceptions.

The statute allows only one extension: estoppel based on a personal representative’s misrepresentation about the time to object. It also sets an outer limit of the earlier of the order of final discharge or one year after service of the notice, unless the objection is already barred. When service of the notice is waived, the waiver’s filing date is treated as the date of service. If you were served with formal notice before letters were issued, the earlier bar in § 733.2123 may apply instead.

A will that has already been admitted to probate can be attacked by a petition to revoke probate, which an interested person, including a beneficiary under an earlier will, may bring before the personal representative’s final discharge unless barred under § 733.212 or § 733.2123 (§ 733.109). Administration generally continues while that petition is pending, but no distribution may be made that would contravene the rights of those who would take if the will failed. Never assume that not being served means unlimited time: the docket may show service, a waiver or an approaching discharge, and it is the first thing a will contest lawyer checks. The guide to contesting a will in Florida walks through each step in detail.

How long do you have to contest a trust in Florida?

It depends on two different rules. First, timing to start: a challenge to the validity of all or part of a revocable trust generally cannot be brought until the trust becomes irrevocable, usually at the settlor’s death, and a challenge to revocation of the entire trust must wait until after death, with an exception for a guardian of the property of an incapacitated settlor (§ 736.0207). That rule restricts when a case may begin; it is not the deadline that ends one.

Second, the limitation period, often called the statute of limitations for a Florida trust contest: for a trust that was revocable at death, a validity contest must be commenced within the earlier of the applicable chapter 95 limitations period — generally four years for an undue-influence or fraud-based contest (§ 95.11(3)), and potentially five years if the action is framed as one on the written trust instrument (§ 95.11(2)(b)) — 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 to sue (§ 736.0604). The six-month period runs from when the trustee sent the package, so the envelope, email or delivery record matters. Claims about how a trustee administers a valid trust are separate breach-of-trust claims with their own limitations in § 736.1008.

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What are the grounds for contesting a will in Florida?

Can a will be contested because one child received more than another? Not on that basis alone. Whether you call it a will contest or a will dispute, or describe it as fighting a will or overturning a will, any attempt to dispute a will has to connect specific evidence to a specific document and ground. An illness, a caregiving relationship or a late change in the plan is not, by itself, proof of anything; each is a reason to gather records. Before you meet with an attorney to contest a will, collect earlier wills even if you are absent from the current one, because what you would receive if the challenged will failed affects both standing and relief. For focused will-contest representation, see Florida will contest attorney.

Can a will be challenged for dementia or lack of capacity?

Yes, but a diagnosis is evidence, not the answer. Florida asks whether, when the will was signed, the testator could understand in a general way the nature and extent of the property, the relation to those who would naturally claim a benefit, and the practical effect of the will (In re Estate of Wilmott, 66 So. 2d 465 (Fla. 1953)). Capacity is presumed, and the challenger’s burden is a heavy one (Reeves v. Gross, 403 So. 3d 362 (Fla. 3d DCA 2025)).

Because dementia often fluctuates, a will signed during a lucid interval can be valid even if the testator was confused on other days. A recent appellate decision rejected an expert’s dementia opinion that did not address periods of lucidity (Reeves v. Gross, 403 So. 3d 362 (Fla. 3d DCA 2025)). The useful records are the ones closest to the signing date: physician and nursing notes, medication changes, hospital discharge summaries, the drafting lawyer’s file and the testimony of the witnesses who were in the room. Contesting a will due to dementia or mental capacity concerns is therefore a records case first and a medical-opinion case second. Before meeting a will litigation attorney, Fort Lauderdale families should gather those records.

What if the original will is lost or there are several versions?

Florida allows an interested person to establish the full and precise terms of a lost or destroyed will and offer it for probate. The content must generally be proved by two disinterested witnesses, or by one if a correct copy is provided (§ 733.207). A lost will is common when the original was kept at home or in a safe deposit box. When the original was last in the testator’s possession and cannot be found, Florida law can presume that the testator revoked it, and that presumption must be overcome with evidence.

Several versions raise a different question: which document is the last valid will, and whether a later one revoked a prior will. A copy is not an original. Ask the Broward Clerk’s Probate Division whether an original has been deposited for the decedent, and gather every draft, copy and codicil you can lawfully obtain. Anyone holding an original will must deposit it with the Clerk within 10 days after learning of the death (§ 732.901); see the 10-day rule.

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How do you prove undue influence in Florida?

Undue influence means more than persuasion or a close relationship. It must amount to over-persuasion, duress, coercion or artful contrivance to the point of destroying the testator’s free agency. The presumption has three elements: the beneficiary received a substantial benefit, was in a confidential relationship with the testator, and was active in procuring the will (In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971)). The proponent first proves formal execution and attestation; the contestant then carries the burden on the grounds of invalidity, subject to that presumption (§ 733.107).

On active procurement, courts weigh what are often called the Carpenter factors, such as whether the beneficiary:

• was present when the will was signed, or when the testator expressed a wish to make one;
• recommended or hired the lawyer who drafted it;
• knew what the will said before it was signed;
• gave the lawyer instructions on what to include;
• found the witnesses; or
• kept the original afterward.

Not every factor must be present, and their presence is not automatic proof. In Levin v. Levin, a Fourth District appeal from Palm Beach County, the beneficiary conceded the first two elements, the case turned on active procurement, and the appellate court upheld the trial judge’s finding that active procurement had not been shown, while sending a separate insane-delusion question back for findings (60 So. 3d 1116 (Fla. 4th DCA 2011)). The case shows why suspicion and proof must be kept apart.

An undue influence lawyer builds the case from records that usually already exist:

• medical records for the months around the signing, including medication changes and hospital stays;
• who booked the lawyer, drove the testator, sat in the meetings and paid the bill;
• bank and brokerage records showing new joint accounts, signature cards, beneficiary changes or a new power of attorney;
• the drafting lawyer’s file and the witnesses’ recollections;
• evidence that the testator was isolated from other family; and
• the timing of the change against illness, a move or a new caregiving arrangement.

A sibling who lived with a parent, a caregiver or a second spouse is not presumed to have done anything wrong. The question an estate litigation attorney in Fort Lauderdale asks is what the records show about how the document came to exist. The same analysis applies to trusts and trust amendments (§ 736.0406), and the Florida undue influence attorney page covers those claims statewide.

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How do you contest a trust in Florida?

Contesting a trust in Florida starts with the full set of documents, not just the latest page. If the creation, amendment or restatement of a trust is procured by fraud, duress, mistake or undue influence, the trust or the part so procured is void (§ 736.0406). That rule covers irrevocable trusts as well as revocable ones. In a Broward trust dispute, the challenged document is often not a trust signed decades ago but an amendment or restatement signed weeks or months before death that moved a house or an account to one person. Because the restriction in § 736.0207 delays the lawsuit until the trust becomes irrevocable, the evidence often has to be preserved before a case can be filed.

The chances of successfully contesting a trust in Florida cannot honestly be stated as a percentage, and Florida Bar rules prohibit promises about results. What can be assessed early is whether there is evidence of a recognized ground at the time the trust or amendment was signed, whether a presumption of undue influence may shift the burden, and whether the claim is still timely.

Many Florida estate plans pair a short pour-over will with a revocable trust, often called a living trust, that holds the real assets. A will contest alone may therefore reach very little, while the trust that actually controls the property needs its own claim, so anyone who wants to contest an estate plan in Fort Lauderdale or elsewhere in Florida usually needs both documents reviewed. The Seventeenth Circuit’s Probate Division hears trust matters, but a separate trust claim is not automatically part of an existing estate file. Venue for a trust case also follows its own statute, which can point to the trust’s principal place of administration or to where a beneficiary suing or being sued resides (§ 736.0204).

Petitions for modification or reformation can also be contested. Reformation of a will or trust to correct a mistake requires clear and convincing evidence of both the intent and the mistake (§ 732.615; § 736.0415), and judicial modification of an irrevocable trust is available on the grounds the trust code lists, such as purposes that have been fulfilled or become impracticable or circumstances the settlor did not anticipate (§ 736.04113), or when following the terms is not in the beneficiaries’ best interests (§ 736.04115); these statutory routes supplement, rather than replace, common-law modification. Decanting, a trustee’s exercise of a power to distribute principal into a second trust with different terms, is another source of disputes, because it can change how and when beneficiaries receive property and the statute requires advance written notice to the qualified beneficiaries (§ 736.04117).

What can a trust beneficiary demand from the trustee?

Florida trust beneficiary rights start with the information and accounting rights that qualified beneficiaries have under § 736.0813, subject to its conditions, written waivers and exceptions. The trustee must keep them reasonably informed, give notice of the trust and of the trustee’s acceptance within the statutory periods, provide a complete copy of the trust instrument on reasonable request, and, for an irrevocable trust, provide a trust accounting at least annually, on termination and on a change of trustee. While the trust is still revocable, those duties run to the settlor, not to the beneficiaries.

A Florida trust accounting, like any fiduciary accounting, should show what the trust held, what came in, what went out and what remains. A trustee who will not confirm that a trust exists, refuses a reasonable request for the instrument or stops sending accountings is creating a record that can matter later. Put each request in writing and keep the response. For the statewide service overview, see Florida trust litigation attorney; whether you need a Fort Lauderdale trust litigation attorney for a Broward trust or a trust litigation lawyer in Fort Lauderdale for an out-of-county trust with Broward beneficiaries, the review starts with the complete instrument and every amendment.

What if the trustee or personal representative will not provide an accounting?

Ask in writing, then use the court. For a trust, the beneficiary can bring a proceeding to compel the trustee to account, and the court has broad remedial power in breach-of-trust cases, including ordering an accounting (§ 736.1001). For an estate, the personal representative files the accounting of the estate with the court, and an interested person can object to a final accounting or petition for discharge; under Florida Probate Rule 5.401, objections must be served on time, state their grounds with particularity, and are deemed abandoned if a notice of hearing is not served within 90 days after they are filed.

Are probate records public in Florida? Generally, a probate case file is a public court record, and the Clerk’s online case search shows the docket. Estate inventories and accountings, however, are confidential court records that may be disclosed to an interested person (§ 733.604). A trust administered without a court case is different: the trust instrument itself is not filed with the court, although after the settlor of a revocable trust dies, the trustee must file a notice of trust that contains only basic identifying information (§ 736.05055). If you are a beneficiary and have never seen the inventory, ask for it. Gaps between the inventory, the bank records and the accounting are often where a breach-of-fiduciary-duty claim begins.

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What counts as a breach of fiduciary duty by a personal representative or trustee?

A personal representative who breaches a fiduciary duty can be personally liable to interested persons for the resulting damage or loss (§ 733.609), and a court in a breach-of-trust case can compel performance, order an accounting, appoint a special fiduciary, suspend or remove the trustee, reduce or deny compensation, and, subject to protection for people who dealt with the trustee in good faith and for value (§ 736.1016), void an act, impose a lien or constructive trust, and trace property that was wrongfully disposed of (§ 736.1001). A trustee can likewise be held personally liable for a breach of trust, through a surcharge for the greater of the amount needed to restore the trust property and distributions to what they would have been without the breach, including lost income, capital gain or appreciation, or the profit the trustee made from the breach (§ 736.1002). Winning a judgment and collecting it are different problems, so the available assets and the cost of getting relief are part of the plan from the start. Those questions belong in a first conversation with a trust litigation lawyer. Fort Lauderdale beneficiaries of a trust administered elsewhere should also check venue; see where a case is heard. Statewide detail is on the Florida breach of fiduciary duty attorney page.

Can a trustee sell trust property without the beneficiaries’ approval?

Often, yes. A trustee may have power under the trust and the Florida Trust Code to sell property without each beneficiary’s consent (§ 736.0816). The limits come from the trust terms and the rest of the Trust Code, especially the duty of loyalty. A sale for the trustee’s own account, or one otherwise affected by a conflict between the trustee’s fiduciary and personal interests, is voidable by a beneficiary affected by it unless an exception applies, such as authorization in the trust terms, court approval, the beneficiary’s consent, ratification or release, the beneficiary’s failure to sue within the time allowed, a contract or claim the trustee had before becoming or contemplating becoming trustee, or the settlor’s written consent while the trust was revocable (§ 736.0802).

A conflict is presumed when the buyer is the trustee’s spouse, descendant, sibling or parent, or the spouse of one of them, or certain agents and affiliated entities. So a trustee who sells the family house to a brother is in a different position from one who lists it with a broker and sells to a stranger at market value. Before consulting a trust attorney, Broward County beneficiaries who question a sale should gather the deed, the sale price and the trust’s terms. The exception for the beneficiary’s failure to sue in time is a reason to read every trust accounting promptly: the time to object can run from what the trustee disclosed.

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How do you remove a personal representative or trustee in Florida?

In Florida an executor is called a personal representative, so executor removal follows these rules. Removal of a personal representative can be sought by any interested person, and the court can act on its own. The causes for removing a personal representative in § 733.504 include:

• failing to comply with a court order, unless the order has been superseded on appeal;
• failing to account for the sale of property, or to produce and exhibit estate assets, when required;
• wasting or maladministering the estate;
• failing to give bond or security;
• conviction of a felony, or incapacity to perform the duties;
• holding or acquiring conflicting or adverse interests against the estate that will or may interfere with administering the estate as a whole (this cause does not apply to a surviving spouse because of a claim to the elective share, family allowance or exemptions); and
• removal of Florida domicile, where domicile was required for the appointment.

Being both a beneficiary and the personal representative is not by itself a ground; the conflicting interest must be one that will or may interfere with administering the estate as a whole.

A trustee may be removed for a serious breach of trust; for lack of cooperation among co-trustees that substantially impairs administration; because of unfitness, unwillingness or persistent failure to administer the trust effectively, when the court determines that removal best serves the beneficiaries’ interests; or for a substantial change of circumstances or a request by all qualified beneficiaries, with the further findings the statute requires (§ 736.0706). Persistent failure to administer effectively does not require proof of dishonesty. A request to remove a trustee can come from the settlor, a co-trustee or a beneficiary, and the court can also act on its own. A successor trustee then takes over as the trust terms provide; for a noncharitable trust that does not name one, the qualified beneficiaries can appoint a successor by unanimous agreement, or the court appoints one (§ 736.0704).

Fourth District decisions binding in Broward show how removal petitions are tested. Removal is reviewed for abuse of discretion, and a court may decline to appoint even a statutorily preferred person who is not specifically disqualified (Boyles v. Jimenez, 330 So. 3d 953 (Fla. 4th DCA 2021)); and a personal representative is entitled to the notice and hearing the removal rule requires before letters are revoked (Blechman v. Dely, 138 So. 3d 1110 (Fla. 4th DCA 2014); Florida Probate Rule 5.440). While removal is pending, the court in a trust case may suspend the trustee or appoint a special fiduciary to protect the property (§ 736.1001). Removal of trustee cases follow the trust code and start with a complaint, petitions for removal of personal representative follow the probate code and Florida Probate Rule 5.440, and the Florida trustee removal attorney page covers trustee removal statewide. In either case, the question a Fort Lauderdale probate litigation lawyer asks is the same: which ground can the records prove?

Resignation, successor trustees and changing a trust

Can beneficiaries override a trustee? Not by vote or demand, unless the trust itself gives them that power, for example a clause letting a trust protector or a majority of beneficiaries remove and replace the trustee without going to court. Otherwise a trustee answers to the trust terms, the Florida Trust Code and the court, so beneficiaries who disagree with a decision ask the court to compel or restrain the trustee, construe the terms, or remove the trustee on a statutory ground. Even a removal request by all qualified beneficiaries still requires the findings in § 736.0706. Some irrevocable trusts can be changed after the settlor’s death by unanimous agreement of the trustee and all qualified beneficiaries, subject to the statute’s conditions and exclusions, or by court order, which is a modification question rather than a removal question (§ 736.0412; § 736.04113; § 736.04115). Sorting out which question you have is the first job of a trust dispute attorney. Broward venue is a separate question in a trust case, decided by the trust venue statute (§ 736.0204).

Can a personal representative step down? Yes, but not by walking away. A personal representative may petition to resign. After notice to all interested persons, the court may accept the resignation and revoke the letters if the estate’s interests are not jeopardized, and the resigning personal representative must still surrender the estate’s assets and records and file a final accounting before being discharged (§ 733.502; § 733.5035; § 733.5036). A trustee may likewise resign, either with court approval or on at least 30 days’ notice to the qualified beneficiaries, the settlor if living, and any co-trustees, and resigning does not end liability for earlier acts or omissions (§ 736.0705).

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Can transfers outside the will be challenged?

This is where many inheritance disputes actually sit. A parent’s will may divide everything equally, while the condominium passed by a deed signed months earlier and the brokerage account had a single payable-on-death beneficiary. Winning the will contest would change nothing about those assets. A Broward County estate litigation lawyer therefore lists every asset and how it was titled at death before deciding which claims to bring.

Other routes sometimes apply. Tortious interference with an expected inheritance, often shortened to interference with inheritance, is a civil claim, but the Florida Supreme Court has held that a person with an adequate remedy in probate generally must pursue it there rather than skip to that claim (DeWitt v. Duce, 408 So. 2d 216 (Fla. 1981)). Depending on the facts, equitable claims such as unjust enrichment, or a request for a constructive trust, may also be pleaded to recover property that someone received and should not in fairness keep. And when a vulnerable adult was abused, neglected or financially exploited, the situation often called elder abuse, Florida provides a civil action against the perpetrator under § 415.1111 that is separate from a probate proceeding; the vulnerable adult, a guardian or, after death, the personal representative of the estate may bring it. A report to the Florida Abuse Hotline is also separate: the Adult Protective Services program works to prevent further harm to vulnerable adults, but a report does not recover property or decide who inherits. When a claim seeks to set aside a deed to Broward real estate, a notice of lis pendens may be recorded to give notice of the case to anyone dealing with the property. Which vehicle fits depends on the facts, the deadline and what relief is realistic.

If the property itself is not in dispute but the co-owners cannot agree what to do with it, a partition action may be the right proceeding instead. The guide to the types of deeds in Florida explains how each deed affects what passes at death.

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Can you challenge the fees charged to the estate?

Probate attorney fees in Florida for a formal administration start from a statutory schedule, which is a presumption of reasonable compensation for ordinary services, not a fixed price and not a quote for litigation. Its base, the compensable value, is the inventory value of the probate assets plus income earned during administration; jointly held property, beneficiary-designated accounts and trust assets are not part of it (§ 733.6171). Extraordinary services, such as litigation, sales of property or tax matters, may be compensated in addition, and on petition of any interested person the court may increase or decrease the ordinary-services fee or award compensation for extraordinary services.

The schedule in § 733.6171(3) covers the personal representative’s attorney’s ordinary services only. It is not Lorenzo Law’s fee for litigation or for any other service.

The disclosures and the burden on fee review

An attorney who intends to charge a fee based on the schedule must give the personal representative the statutory written disclosures and must obtain the personal representative’s timely signature acknowledging them. If the attorney does not make the required disclosures, the attorney may not be paid for legal services without prior court approval of the fees or the written consent of all interested parties (§ 733.6171(2)). Personal representative fees in Florida, the personal representative’s own compensation, have a separate schedule and their own rules for extraordinary services (§ 733.617).

The burden rule in § 733.6175 helps a beneficiary, but it does not make a fee objection free or automatic: the objection still has to identify the charges in question, and the proceeding itself has costs. Bring the engagement agreement, the disclosures, the invoices, every accounting showing payments, and any prior fee order. An estate that is being consumed by fees is a contested estate even if no one has called it one yet. A Fort Lauderdale estate litigation attorney reviewing fees would compare every invoice with the accountings and any fee orders.

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What if you are the surviving spouse?

A petition to extend the time to elect has its own filing limit, and a timely petition tolls the time to elect; the limit on filing that petition should not be confused with a rule that an allowed election can never be filed later. The Florida elective share guide explains who can elect, what counts, how the 30 percent is calculated and how the extension works.

Other spousal rights can matter as much. If the home was the decedent’s protected homestead, Florida restricts how it can be devised when there is a surviving spouse, and a spouse who takes a life estate may instead elect a one-half interest as a tenant in common within six months after death (§ 732.401). A spouse who married the decedent after the will was signed may be entitled to a share as a pretermitted spouse unless an exception applies (§ 732.301). Exempt property and the family allowance are also separate rights. A prenuptial or postnuptial agreement can waive some or all of these rights (§ 732.702).

Second marriages often shape estate disputes, and the children of a first marriage and a second spouse often read the same documents very differently. A surviving spouse can also contest a will on the same grounds as anyone else with standing, but these statutory rights may protect the spouse without proving that any document is invalid. A former spouse is in a different position. Once the marriage is dissolved, will provisions in favor of the ex-wife or ex-husband are generally void unless the will was signed after the divorce, the will shows a specific contrary intention, or the divorce judgment provides otherwise (§ 732.507(2)). Many beneficiary designations naming a former spouse, such as life insurance, IRAs and POD or TOD accounts, are likewise treated as void, subject to exceptions, including where federal law controls, as it does for many employer plans, where the decedent named the former spouse again after the divorce, and where the divorce judgment required the designation to be kept (§ 732.703). Whether a contest, an election or a negotiated resolution makes sense is a question for a Broward County probate litigation attorney with the actual assets, documents and dates in hand, not for a general rule. See also surviving spouse rights in Florida.

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Does a no-contest clause stop you from challenging a will or trust?

The trust rule applies to trusts created on or after October 1, 1993, and a revocable trust is treated as created when the right of revocation ends. Many Florida residents signed wills or trusts in other states before moving to Florida, and those documents often contain an in terrorem (no-contest) clause that appears to penalize a challenge. No Florida appellate court has squarely decided whether Florida’s rule overrides a no-contest clause in a will signed in a state that enforces such clauses when the will is probated in Florida, though the reasoning of existing Florida cases points toward Florida’s rule applying. Either way, an out-of-state plan needs its own review by a Florida inheritance attorney.

Two cautions. A provision that offers an alternative benefit instead of imposing a penalty may not be treated as an in terrorem clause at all (Dinkins v. Dinkins, 120 So. 3d 601, 603 (Fla. 5th DCA 2013)). And an unenforceable clause does not create standing, extend a deadline, prove the claim or remove the risk of costs and fees in the litigation itself. See who pays.

If you are planning your own estate and wondering how to prevent your family from contesting your will, a no-contest clause will not do it in Florida. Steps that can reduce the risk of a successful challenge include signing with the required formalities and a self-proving affidavit, meeting with your own lawyer without beneficiaries in the room, keeping your will, trust and beneficiary designations consistent, and updating them while your capacity is clear; no plan can promise that no one will sue. That is planning work rather than litigation; see Florida estate planning.

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Defending a will contest or a claim against a personal representative or trustee

A will’s proponent first proves formal execution and attestation, and the contestant then carries the burden on the grounds of invalidity, subject to any presumption of undue influence (§ 733.107). A person nominated as personal representative, or any proponent of a will if the person nominated does not act within a reasonable time, who was in good faith justified in offering the will in due form for probate is entitled to costs and attorney’s fees from the estate even though probate is denied or revoked (§ 733.106(2)). A fiduciary litigation attorney defending a claim of misconduct looks first at the documents: what the will or trust authorized, what was disclosed and when, whether a beneficiary consented or released the claim, whether a court approved the action, and whether the limitation period has run.

Florida law sets rules for when a trustee or personal representative may use trust or estate funds to pay for a defense, including notice requirements in some breach-of-trust cases, so that question should be answered before invoices are paid. Since July 1, 2026, a personal representative whose authority is being obstructed can also bring a proceeding to enforce that authority, and a prevailing personal representative is to be awarded taxable costs, including attorney’s fees, which the court may direct to be paid by the person whose action or inaction made the proceeding necessary (§ 733.6125; § 733.612(28)).

Jose represents personal representatives and trustees as well as beneficiaries, which is why every inquiry includes a conflict review: the firm cannot represent both sides of the same dispute.

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Where is a Broward probate dispute heard?

Whoever you choose as your probate litigation lawyer, Fort Lauderdale is not automatically where the case belongs: a beneficiary living there does not by itself make Broward the place for probate. A contested probate lawyer in Broward County will ask first for the death certificate, the decedent’s last address and the docket. Consider a common pattern: a Fort Lauderdale condominium, an owner who was domiciled in another county or state, and a trust administered somewhere else. Title, probate venue and trust venue can point to three different places, and none of them is decided by a property address or a law office’s location. Bring the deed, evidence of where the decedent lived, the trust documents and any existing case numbers.

The Clerk’s counter is a court service location, not Lorenzo Law’s office and not a statement of which courtroom or judge is assigned to a case. Clerk and court details checked October 12, 2026.

How does the Seventeenth Circuit set a contested probate hearing?

Through special set hearings, after an attempt to resolve the issue. The Probate Division’s local procedures direct that contested matters, and matters where the scheduling party does not know whether they are contested, be set for hearing using the court’s case management system (CMS), and that requests for more than 30 minutes go through the assigned division’s judicial assistant. A petition or motion is not to be set until the party noticing the hearing has complied with Seventeenth Circuit Local Rule 10A by first attempting in good faith to resolve it and coordinating the hearing in advance with all interested parties.

Do not plan on a uniform motion calendar hearing for an uncontested probate matter. The Probate Division no longer has a motion calendar for uncontested matters or an ex parte docket; both were eliminated under Administrative Order 2021-49-PRC, and uncontested proposed orders are submitted electronically instead (local procedures, Section III).

Proposed orders for special set hearings are submitted by email to the assigned judge’s judicial assistant in Microsoft Word, in advance of the hearing. A request for emergency relief is e-filed first and then reported to the Clerk’s Probate Division as the local procedures describe, following Administrative Order 2021-52-PRC; marking a request urgent does not guarantee a hearing, an injunction or a freeze on assets. Section VI of the procedures addresses remote appearances by web-based video conferencing and describes a telephone call-in as the fallback. Whether a particular matter goes forward in person or as a virtual hearing, on Zoom or another platform the notice specifies, depends on the division and the judge, so check the current division instructions and the hearing notice. The local procedures themselves say they may be updated without notice. Probate Division local procedures (updated October 2023).

Probate litigation in Fort Lauderdale moves on this calendar, so an approaching sale, transfer or distribution should be raised immediately: explain what is scheduled, when, and which document shows it. The court, not the label on a filing, decides whether emergency relief is justified.

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How does a contested estate or trust case proceed?

See the chart “How a contested Broward case moves” (opens the full-size image; the details are also in the text).

1. Intake and conflict review. Who is involved, who already has a lawyer, and which side the firm could represent.
2. Deadline and records review. The notices, the docket, the governing documents, and what you would gain or lose if the challenged document or act failed.
3. Demand or negotiation. A written request for an accounting, information or corrective action can resolve some disputes or narrow them.
4. Petition or complaint. In an estate, many contested matters are adversary proceedings under Florida Probate Rule 5.025, such as removing or surcharging a personal representative, revoking probate, construing a will or determining beneficiaries; they require formal notice, and the civil rules apply as the rule specifies (Florida Probate Rule 5.025). A separate trust claim is generally a civil complaint.
5. Discovery. Subpoenas for medical, bank and brokerage records, the drafting lawyer’s file, depositions of witnesses, and expert testimony where capacity, handwriting or tracing is in issue.
6. Mediation and settlement. A settlement should address who is bound, what happens to disputed assets, fees, releases and any required court approval.
7. Hearing or trial, order and appeal. Contested issues are decided after motions, an evidentiary hearing or a trial. Many probate orders that finally determine a right can be appealed while the estate is still open, and the time to appeal is short (Florida Rule of Appellate Procedure 9.170).

If you are asking how to contest a will in Florida, these are the steps, applied to your document and deadline. Before hiring an estate litigation attorney, Fort Lauderdale families can ask how each step applies to their case. Settlement discussions should never be assumed to pause a deadline or an existing order. And an ordinary administration, a will contest and a trust complaint are not interchangeable filings, even when they involve the same family and the same assets. You can contest a will without a lawyer if you are acting only for yourself, and the deadlines, evidence rules and procedure are the same either way; a personal representative, however, generally must be represented by a Florida lawyer (Florida Probate Rule 5.030).

Is there a jury in a Florida will contest?

Generally, no. Probate issues are tried by the judge without a jury (Goggin v. Shanley, 81 So. 2d 728 (Fla. 1955)), so the evidence in a will contest is presented to the probate judge. A claim for tortious interference with an expected inheritance is different: it is a civil action that can carry a right to a jury (Mulvey v. Stephens, 250 So. 3d 106 (Fla. 4th DCA 2018)), subject to the rule that an adequate probate remedy generally must be used first. Which vehicle to use is a strategic choice that depends on the facts and the deadlines.

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What does probate litigation cost, and who pays?

A flat fee may fit a discrete task; it is not a promise to handle an entire dispute for an administration price. Contingency or hybrid terms are considered only in appropriate litigation matters. Costs may remain payable without a recovery, and the noncontingent component of a hybrid arrangement is owed as agreed regardless of outcome. Hourly rates vary with the complexity of the case, and every arrangement is discussed in detail before it is signed. The written agreement defines the scope, the fees, any retainer or cost deposit, and the treatment of costs.

What usually drives the cost:

• how many medical and financial records must be obtained and reviewed;
• whether the dispute involves the will, a trust, lifetime transfers, or all three;
• whether fees, an accounting or a spouse’s election are also in dispute;
• how many parties must be served, and how many live outside Florida;
• whether the estate holds a Broward condominium with association arrears, rental property or a closely held business; and
• whether the personal representative or trustee is also a beneficiary, which can fuse two disputes into one.

People often ask how much it normally costs to contest a will, or how expensive trust litigation is. No single figure would be honest, because these drivers can make two disputes over similar estates cost very different amounts; in the initial consultation, Jose can discuss the likely scope, and any fee arrangement is put in writing before work begins. Whether it is worth contesting a will in Florida comes down to the same comparison: what you would receive if the challenge succeeded, against the cost, the time and the risk of paying fees.

Before hiring a probate litigation lawyer in Fort Lauderdale, ask two separate questions: who pays attorneys’ fees and costs along the way, and whether a court may later shift fees. Whether the estate pays depends on whose lawyer is being paid and what the work accomplished: the personal representative’s attorney is entitled to reasonable compensation payable from the estate (§ 733.6171); a person nominated as personal representative, or any proponent of the will if the nominee does not act within a reasonable time, who in good faith offered the will in due form for probate receives costs and attorney’s fees from the estate even though probate is denied or revoked (§ 733.106(2); see defending a claim); and an attorney who has rendered services to the estate may be awarded reasonable compensation from it (§ 733.106(3)). Otherwise, each side generally pays its own lawyer unless the court shifts fees.

• In an estate, the court can award costs and fees and direct from which part of the estate they are paid, including assessing them against a party’s share in appropriate cases, even without a finding of bad faith (§ 733.106).
• In trust breach and trustee-power cases, costs including attorney’s fees are awarded as in chancery actions and may be directed against a party’s interest in the trust (§ 736.1004).
• A court can sanction claims or defenses that are not supported by the facts or the law, often called frivolous claims (§ 57.105).

Do not assume that the estate, the trust or the other side will pay your bill, or that winning makes the dispute economical.

How long does probate litigation take?

There is no honest one-number answer. A discrete objection to an accounting or a fee can be resolved much faster than a contest over a will, two trust amendments and a deed. What moves the timeline is the number of parties and records, whether a presumption or a statutory deadline narrows the issues, the court’s calendar for special set hearings, whether the parties mediate, and whether anyone appeals. After reviewing the documents and the docket, Jose can explain which of those factors apply, without predicting an outcome.

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Documents to bring to a consultation

The summary should say your relationship to the decedent or the trust, the act or document you dispute, what you want to protect or change, and any date you know about. Use this checklist as a starting point before you meet any probate litigation attorney. Fort Lauderdale and other Broward matters also need the case number and the assigned division, if you know them. If you live outside Florida, include your city and state or country and the times you can talk.

Preserve original documents and complete messages, including attachments. Gather only records you lawfully have or can obtain through authorized means, and do not access another person’s accounts without authority. Ask for instructions before sending medical, financial or other sensitive documents. The contact form is not a substitute for filing a response with the court.

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Common questions about Broward probate and trust disputes

How hard is it to contest a will in Florida?

It depends on the evidence, not the unfairness of the result. The proponent first has to make a prima facie showing that the will was properly signed and witnessed; the person contesting it then has to prove a ground such as lack of capacity or undue influence. Capacity is presumed, unless the testator had already been adjudicated incapacitated, in which case the proponent must show the will was signed during a lucid interval. Otherwise, the burden of proof shifts only when the facts raise the presumption of undue influence. No one can responsibly predict the outcome before reviewing the documents, the medical records and the witnesses, and Florida Bar rules prohibit promises about results. What can be assessed early is whether there is a recognized ground, whether you have standing, and whether a deadline has already run.

Can you contest a will after probate is opened or closed?

After a will is admitted, an interested person may petition to revoke probate before the personal representative’s final discharge, unless the challenge is already barred by the three-month objection period after service of the notice of administration or by formal notice served before letters issued (§ 733.109; § 733.212; § 733.2123). Once the personal representative has been discharged, which usually happens when the estate is closed, that route is no longer available under § 733.109, and any remaining option depends on the specific facts. So, can a will be overturned after probate? Overturning a will after probate has been opened remains possible on a proved ground and within those limits; after discharge, the statutory route is gone, so act quickly when you learn that a will you question has been admitted. A closed estate can be reopened for limited purposes, such as administering property discovered later, but reopening is not a substitute for a timely will contest (§ 733.903).

What if I was left out of my parent’s will?

Being disinherited or unfairly left out of a will is not itself a ground to set it aside, but it is often the first sign that something needs a closer look. Check whether you would inherit under an earlier will or as an heir if the new will failed, because that is what gives you standing; whether the will you were cut out of has been admitted and when you were served; and whether the assets actually pass under the will or through a trust, deed or beneficiary designation. A child born or adopted after the will was signed may have a separate claim as a pretermitted child (§ 732.302). Bring every version of the documents you can lawfully obtain when you first consult a lawyer for inheritance dispute matters.

Can a beneficiary sue a trustee in Florida?

Yes. A beneficiary can bring a breach-of-trust action against a trustee who fails to administer the trust according to its terms and the Florida Trust Code, for example by self-dealing, failing to account, refusing proper distributions or mismanaging property. The court’s remedies include compelling performance, ordering an accounting, surcharging the trustee for losses, suspending or removing the trustee and tracing property (§ 736.1001). Watch the limitation rules in § 736.1008: a claim about a matter that was adequately disclosed in a trust accounting with a limitation notice can be barred if not brought within six months after the later receipt of the accounting or the limitation notice. Other breach-of-trust claims generally fall under chapter 95 and the further limits in § 736.1008, so how long you have to sue a trustee depends on what was disclosed and when. A trust is not usually sued as if it were a person; the claim is brought against the trustee, often in the trustee’s fiduciary capacity and sometimes individually as well. Bring the trust, every accounting and your written requests to your first meeting with a trust litigation attorney. Fort Lauderdale beneficiaries can meet Jose in person by appointment or talk with him by phone or video.

How difficult is it to remove a trustee?

It takes a statutory ground and evidence; a court generally will not remove a trustee simply because beneficiaries dislike decisions the trust allows. The reasons for removing a trustee in Florida are those listed in § 736.0706: a serious breach of trust; lack of cooperation among co-trustees that substantially impairs administration; unfitness, unwillingness or persistent failure to administer the trust effectively, when removal best serves the beneficiaries’ interests; and a substantial change of circumstances or a request by all qualified beneficiaries, when the court also finds that removal best serves the interests of all beneficiaries, is not inconsistent with a material purpose of the trust, and a suitable co-trustee or successor trustee is available. The same grounds apply to a co-trustee and to a successor trustee who has taken over. Friction or tension between a trustee and the beneficiaries is not, by itself, a ground for removal; a complaint to remove the trustee still needs one of the statutory grounds. A Fort Lauderdale trust litigation lawyer builds these cases on records: missed or incomplete accountings, unexplained transactions and written requests that went unanswered. See removing a personal representative or trustee.

Can an executor of a will remove a beneficiary?

No. A personal representative, the Florida term for an executor, carries out the will and the law. What an executor cannot do in Florida is disinherit a beneficiary, shrink a share or decide that someone no longer deserves a gift. What a personal representative can lawfully do is pay valid expenses and claims first, take reasonable time for creditor periods, tax matters and sales, and in some cases ask the court to construe an ambiguous will. A personal representative who acts as though the inheritance is his or hers to reallocate may be supplying a ground for removal (§ 733.504).

Who can serve as personal representative in Florida?

Generally, an adult who is mentally and physically able to serve and has not been convicted of a felony, or of abuse, neglect or exploitation of an elderly person or disabled adult (§ 733.303). A Florida resident can qualify, but an out-of-state executor qualifies only if related to the decedent in a way the statute lists, such as a child, parent, spouse, sibling, niece or nephew, or the spouse of such a relative (§ 733.304). When more than one person wants the job, the statute sets an order of preference: in a testate estate, the person named in the will comes first; in an intestate estate, which answers who becomes executor if there is no will, the surviving spouse comes first, then a person selected by a majority in interest of the heirs, then the heir nearest in degree (§ 733.301). Preference is not automatic in every case. An interested person can object to the petition for administration. In an intestate estate, the court may decline to appoint even a preferred person if the record shows that person is not suited to serve; in a testate estate, the court generally must appoint the person named in the will unless that person is disqualified by statute, and may refuse only in exceptional circumstances. A dispute between siblings who each want to serve is decided in that proceeding, ideally before letters issue.

Can a Lady Bird deed or beneficiary designation be challenged?

Yes, through a separate claim rather than a will contest. A Lady Bird deed, a quitclaim deed, a payable-on-death account or a beneficiary designation can be challenged on grounds such as lack of capacity, undue influence, fraud or forgery, or because an agent acted without authority, but each transfer is analyzed on its own documents and evidence. See can a Lady Bird deed be contested and transfers outside the will.

What is the 10-day rule for a will in Florida?

The rule, sometimes called the 10-day rule for probate, is the custodian’s duty to deposit the original will with the clerk of the court having venue of the estate (for a Florida resident, generally the county where the decedent was domiciled) within 10 days after receiving information that the testator has died (§ 732.901). It is not a deadline to contest the will. A custodian who fails without just or reasonable cause can be ordered to pay costs, damages and a reasonable attorney’s fee, and the court can compel production. In Broward, an attorney custodian e-files the will first and then mails the original to the Clerk after the filing is accepted; there is no fee to deposit a will.

Broward County is in which judicial circuit, and where do appeals go?

Broward County is in the Seventeenth Judicial Circuit (often written 17th Judicial Circuit), and its Probate Division hears estate, guardianship and trust matters. Appeals from Broward circuit court orders go to the Fourth District Court of Appeal, whose decisions are binding on Broward trial courts. A Broward probate litigation attorney therefore works with both the Seventeenth Circuit’s procedures and Fourth District decisions. Palm Beach County is in a different circuit but the same appellate district; for Palm Beach County disputes, see Boca Raton probate litigation.

Does a probate litigation attorney work on contingency?

Sometimes. At Lorenzo Law, hourly, flat-fee, contingency or hybrid arrangements may be considered depending on the facts and the matter; contingency or hybrid terms are considered only in appropriate litigation matters, costs may remain payable without a recovery, and the noncontingent part of a hybrid arrangement is owed as agreed regardless of outcome. Every arrangement is discussed in detail and set out in a written agreement.

Can a probate dispute be settled in mediation?

Yes. Mediation, a negotiation led by a neutral mediator, is a common form of probate dispute resolution. Broward probate disputes can be mediated, and the court can refer a contested matter to mediation on its own motion or at a party’s request. A useful settlement should say who is bound, what happens to each disputed asset, who pays fees and costs, what releases are given and whether court approval is needed. Probate dispute resolution in Broward, including mediation, does not pause a deadline unless an agreement or order says so.

Is every delay or disagreement grounds to remove the fiduciary?

No. Removal requires a statutory ground and supporting facts, and an apparent shortfall or slow distribution can reflect valid expenses, creditor claims, tax issues or a disputed interpretation. A probate dispute attorney will usually start with a written request for information and a review of the governing documents and accountings, and then consider an accounting proceeding, another remedy or a removal petition, depending on what the records show. On timing, the probate rules require a personal representative in a formal administration to file a final accounting and petition for discharge within 12 months after letters issue for an estate not filing a federal estate tax return, otherwise within 12 months from the date the return is due, unless the court extends the time for cause shown after notice to interested persons (Florida Probate Rule 5.400(c)); that is the practical answer to how long an executor has to settle an estate in Florida. When an executor refuses to act or lets that time pass without an extension, an interested person can ask the court to compel the filings or, on a statutory ground, to remove the personal representative. A trust has no comparable fixed period: how long a trustee has to close a trust depends on its terms, and once a trust terminates the trustee must proceed expeditiously to distribute the property, subject to the trustee’s right to retain a reasonable reserve for the payment of debts, expenses, and taxes (§ 736.0817).

Do you need to live in Florida to bring or defend a claim?

No. Many people involved in Broward estates live out of state or abroad and need a Florida inheritance lawyer they can consult by phone or video. Lorenzo Law represents clients in Florida matters, and consultations are available by phone or video, in English and Spanish. Whether a hearing or other event can be attended remotely depends on the court, the event and the current division instructions. Where you live can also affect personal jurisdiction: a claim that seeks to hold someone personally liable, such as a surcharge against a personal representative or trustee, requires proper service on that person individually, by formal notice in an adversary proceeding or by service of process, before the court can enter relief against him or her personally. Include your city and state or country, the case number if there is one, and any notice you received when you first make contact.

Comparing probate litigation attorneys in Broward? What should you ask?

Whether you are comparing probate attorneys in Fort Lauderdale, probate litigation attorneys, or estate litigation attorneys in Broward County, the way to find a good estate litigation lawyer is to ask who will actually handle the matter, how fees and costs will be set and put in writing, whether the lawyer represents only one side and how conflicts are checked, how often you will hear about the case, and what the lawyer needs to see before giving an assessment. You can confirm any Florida lawyer’s admission and status in The Florida Bar’s member directory. Lorenzo Law is a solo practice: the attorney you speak with at the first call is the attorney who handles any matter the firm accepts.

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Talk to a Fort Lauderdale probate litigation attorney

Jose M. Lorenzo, Jr. is Lorenzo Law’s sole attorney (Florida Bar No. 107002), admitted to The Florida Bar in 2013, and before his admission he worked for roughly a decade as a paralegal on probate and litigation matters. His practice covers estate planning, probate and trust administration, guardianship, and disputes over estates, trusts, guardianships and deeds. Lorenzo Law is a solo practice: the attorney you speak with at the first call is the attorney who handles any matter the firm accepts.

The principal office is in Kissimmee. Meetings in Fort Lauderdale, at 12 SE 7th Street, Suite 701, and in Coral Gables are by appointment, and consultations are available statewide by phone or video, in English and Spanish. Jose represents clients throughout Broward County, including Fort Lauderdale, Hollywood, Pembroke Pines, Coral Springs, Plantation, Sunrise, Davie, Weston, Miramar, Pompano Beach, Deerfield Beach, Tamarac, Coconut Creek, Lauderhill, Margate, Wilton Manors, Oakland Park, Parkland, Lighthouse Point, Lauderdale-by-the-Sea, Dania Beach and Hallandale Beach, and for relatives of Broward decedents who live elsewhere. Where someone lives does not decide venue; see where a case is heard.

Request a free initial consultation. Only the initial consultation is free; representation fees and costs are agreed separately in writing. Representation requires a conflict review, acceptance and an engagement agreement.

Request a free initial consultation · Call (305) 224-6811

For related needs, explore Fort Lauderdale probate administration, Florida probate litigation, Florida guardianship litigation, Florida estate planning, and the Broward County probate court guide. For disputes in neighboring counties, see Miami probate litigation and Boca Raton probate litigation.

This page provides general information about Florida law, not legal advice about a particular estate or trust. Reading it or requesting a consultation does not create an attorney-client relationship, and contacting the firm does not file a response or pause a deadline, so identify any urgent date in your first message or call.

Sources and authorities cited

Statutes cited are the 2026 Florida Statutes. The text of the law controls over any summary on this page.