Florida Estate Litigation Attorneys
When disputes arise over a loved one’s estate, emotions run high and the legal process can be overwhelming. Whether you’re a beneficiary, personal representative, or heir with concerns about a will, trust, or estate plan, our attorneys at Di Pietro Partners are here to help.
Our Florida estate litigation lawyers have decades of trial experience and have handled high-stakes disputes involving wills, trusts, fiduciary misconduct, and probate fraud. We represent clients throughout the state in contested probate cases, inheritance disputes, and other estate-related litigation.
Estate Litigation Attorney David Di Pietro on National TV
Nationally Recognized Litigation Experience
David Di Pietro is a nationally recognized trial attorney who is regularly called on by major media outlets to provide legal analysis on high-profile disputes involving estates, fiduciaries, guardianships, and other complex legal matters. His appearances have included commentary on the Britney Spears conservatorship case, bringing decades of courtroom experience to nationally watched legal disputes.
What is Estate Litigation?
Estate litigation involves legal disputes over the administration, distribution, or validity of a deceased person’s estate. These conflicts often arise when beneficiaries, heirs, or personal representatives disagree over the terms of a will or trust, question the mental capacity of the decedent, or suspect misconduct such as undue influence, fraud, or breach of fiduciary duty.
Estate litigation can include will contests, trust disputes, inheritance claims, removal of executors or trustees, and lawsuits involving mismanagement of estate assets. Because these matters involve complex probate laws and emotionally charged family dynamics, it’s critical to work with an experienced estate litigation attorney who can protect your rights and resolve the dispute effectively.
Legal Grounds for Estate Litigation in Florida
Estate litigation can arise when beneficiaries, heirs, fiduciaries, or other interested parties disagree over the validity of estate planning documents, the administration of an estate, or the distribution of assets. Some of the most common issues that lead to estate litigation in Florida include:
Undue Influence – Claims that someone manipulated or pressured a vulnerable person into changing a will, trust, or other estate planning document for their own benefit.
Breach of Fiduciary Duty – Personal representatives and trustees have legal obligations to act in the interests of the estate or trust and its beneficiaries. Self-dealing, mismanagement, conflicts of interest, or misuse of assets may lead to litigation.
Improper Execution – Wills and other estate planning documents must satisfy applicable Florida legal requirements. Failure to properly execute a document may affect its validity.
Fraud, Forgery, or Misrepresentation – Estate litigation may involve allegations that documents or signatures were forged, information was intentionally concealed, or deception influenced an estate plan.
Removal of a Trustee – When a trustee is unfit or violates their legal duties, beneficiaries may seek their removal through the courts.
Lack of Testamentary Capacity – A will may be challenged when there is evidence that the person creating it lacked the mental capacity required to understand their assets, beneficiaries, and the effect of the document.
Tortious Interference with Inheritance – This occurs when a third party deliberately prevents someone from receiving an expected inheritance through wrongful acts like fraud, duress, or undue influence. Unlike will contests, this is often pursued as a separate civil lawsuit when probate remedies are insufficient. Florida courts may award compensatory and even punitive damages if the interference is proven.
Duress or Coercion – A will or other estate planning document may be challenged when threats, intimidation, or coercion interfered with the person’s free choice.
Insane Delusion – Include this as a subset of lack of capacity. It may not need its own header unless the page is extensive, but referencing it as a special category strengthens the capacity argument.
Disinheritance or Omitted Heirs – Legal action may arise if a rightful heir is left out of the estate without clear legal justification, particularly in blended families or second marriages.
Conflicting or Ambiguous Documents – Multiple wills, trust amendments, unclear language, or conflicting estate planning documents may require a court to determine which document controls or how its provisions should be interpreted.
Each case is fact-specific, and outcomes depend on the quality of evidence and legal representation. Di Pietro Partners has the experience to guide clients through these emotionally charged and high-stakes disputes.
Why Hire Di Pietro Partners for Florida Estate Litigation?
When your inheritance, family legacy, or role as a fiduciary is under attack, you need more than a probate lawyer, you need a seasoned litigator with a proven track record in Florida’s most contested estate battles.
At Di Pietro Partners, we represent clients on both sides of complex estate disputes, including heirs, beneficiaries, executors, and trustees. Whether you’re defending a valid estate plan or challenging misconduct, we bring courtroom experience, deep legal knowledge, and a results-driven approach to every case.
- 20+ Years of Probate Trial ExperienceLed by veteran trial attorney David Di Pietro, our team has handled more than 70 jury trials and hundreds of evidentiary hearings. We approach contested estate matters with a litigation strategy from the outset and are prepared to take a case to court when necessary.
- Experience Representing Both Sides of Estate DisputesWe represent beneficiaries and heirs pursuing claims as well as personal representatives, trustees, and other fiduciaries defending their actions. This experience provides valuable insight into how opposing parties evaluate, build, and defend estate litigation claims.
- Multimillion-Dollar Results in Estate & Trust DisputesOur attorneys have obtained multimillion-dollar results in matters involving contested estates, undue influence, fiduciary misconduct, trust disputes, and other complex inheritance claims.
- Nationally Recognized Legal AnalystDavid Di Pietro is regularly called on by Fox News, CNBC, Court TV, and other national media outlets to provide legal analysis on complex and high-profile disputes. His national media presence reflects the litigation experience and legal insight he brings to contested estate matters.
About Our Estate Litigation Team
At Di Pietro Partners, our estate litigation team is composed of seasoned trial attorneys with a statewide and national reputation for success in high-conflict probate, will, and trust disputes. Led by founding partner David Di Pietro, our lawyers bring decades of courtroom experience to each case.
We represent heirs, beneficiaries, executors, trustees, and other fiduciaries in complex estate disputes throughout Florida. Whether your case involves a contested will, trust amendment, breach of fiduciary duty, or misconduct by an estate representative, our team knows how to navigate the courtroom and win.
David Di Pietro
Founding Partner
A nationally recognized trial attorney and legal analyst for Fox News, CNBC, and Court TV, David has tried over 70 jury trials and led multimillion-dollar cases involving contested wills, trust amendments, and fiduciary misconduct. His experience includes high-profile litigation and leadership as former chairman of one of the nation’s largest public healthcare systems giving him a unique understanding of fiduciary and institutional accountability.
Nicole 'Niki' Martell
Partner
With more than 50 trials under her belt, Niki is a dynamic litigator with deep experience in probate, guardianship, and healthcare law. She’s known for defending physicians, protecting vulnerable family members, and litigating estate disputes with efficiency and resolve. Her ability to merge courtroom skill with compassionate legal counsel makes her a vital asset in complex family estate matters.
Rodolfo 'Rudy' Mayor
Partner
Rudy focuses on estate and trust litigation, business disputes, and healthcare fraud. His career includes service at the U.S. Department of Justice and involvement in high-value, high-stakes cases involving inheritance, fraud, and fiduciary disputes. Rudy is known for his calm demeanor, strategic litigation planning, and ability to resolve emotionally charged cases with professionalism and precision.
Florida Probate Laws
Understanding Florida probate laws is essential when dealing with estate disputes. These laws govern how wills are validated, estates are administered, and disagreements are resolved in probate court.
The Florida Probate Code, found in Chapters 731 through 735 of the Florida Statutes, outlines the responsibilities of all involved parties beneficiaries, heirs, personal representatives, and creditors. Recent rule changes also clarify how to handle foreign-language wills, set stricter deadlines for filing objections, and specify how lost or destroyed wills can be validated.
For families involved in a contested estate, these laws provide the legal framework for ensuring a fair and orderly process. Whether you’re seeking to uphold a will or challenge its legitimacy, understanding probate law is critical to protecting your rights.
For a deeper legal overview, read our Complete Guide to Florida Probate Laws.
Key Florida Laws That Affect Estate Litigation
Florida estate litigation is governed by the Florida Probate Code, the Florida Probate Rules, and other state laws that establish the rights and responsibilities of beneficiaries, heirs, personal representatives, trustees, and other interested parties. The laws that apply depend on the nature of the dispute, but several legal issues frequently arise in contested estates.
Will Contests and the Validity of Estate Documents
Florida law establishes requirements for executing a valid will and provides legal grounds for challenging a will obtained through undue influence, fraud, duress, or other improper conduct. Disputes may also arise over testamentary capacity, forgery, or whether the document was properly executed.
Fiduciary Duties of Personal Representatives
A personal representative has legal duties when administering a Florida estate, including protecting estate assets, addressing valid creditor claims, accounting for estate property, and distributing assets according to the will and Florida law. Allegations of self-dealing, mismanagement, conflicts of interest, or other breaches of fiduciary duty can lead to estate litigation and, in some circumstances, removal or personal liability.
Probate Objections and Deadlines
Florida probate proceedings are subject to strict procedural requirements and deadlines. The amount of time available to challenge a will, object to the administration of an estate, or pursue another probate remedy can depend on the type of notice received and the particular claim involved. Missing an applicable deadline may significantly affect a party’s legal rights.
Trusts and Estate Litigation
Estate disputes frequently overlap with trust litigation, particularly when a decedent used both a will and a trust as part of an estate plan. Questions involving trust amendments, trustee conduct, beneficiary rights, asset ownership, or the validity of estate planning documents may require litigation involving both Florida probate and trust law.
Because the laws and deadlines governing estate disputes vary depending on the circumstances, beneficiaries and fiduciaries should evaluate their rights and obligations as early as possible when a contested estate arises.
Florida Estate Litigation FAQs
Q. What is estate litigation?
Estate litigation involves legal disputes over the administration of a person’s estate after death. This includes contests over wills, challenges to trusts, claims of fiduciary misconduct, disputes among heirs, and actions against personal representatives or trustees.
Q. How long do I have to contest a will or trust in Florida?
For wills, the general deadline is 90 days after receiving formal notice of probate—but this may be shortened to 20 days if formal notice is served before probate. For trusts, the statute of limitations is typically four years, but shorter deadlines may apply based on when notice of trust administration is received. Timing is critical to speak with a probate litigation attorney immediately.
Q. Who can challenge a will or trust?
Anyone with legal standing may bring a challenge. This typically includes:
- Beneficiaries (named or removed)
- Heirs under Florida intestacy laws
- Creditors or other parties with a financial interest in the estate
Q. What are valid reasons to contest a will or trust?
Legal grounds include:
- Undue influence by a caregiver, family member, or third party
- Lack of mental capacity due to dementia, Alzheimer’s, or illness
- Improper execution, such as missing signatures or witnesses
- Fraud, duress, or forgery
- Breach of fiduciary duty by a trustee or personal representative
Q. What happens when you contest a will or trust in Florida?
The process usually unfolds in one of three ways:
- Early dismissal if the claim lacks merit
- Settlement through mediation or negotiation
- Trial in probate court, where both parties present evidence and a judge issues a ruling
Q. Do I need a lawyer for an estate dispute?
Yes. Florida probate litigation is complex and governed by strict procedural rules. Whether you’re challenging a will, defending a trust, or asserting your rights as a beneficiary, having experienced legal counsel is essential.
Q. Do you represent beneficiaries in estate litigation?
Yes. Di Pietro Partners regularly represents beneficiaries in disputes involving unfair distributions, trustee misconduct, will fraud, and other estate-related claims.
Q. Do you defend trustees, executors, and personal representatives?
Absolutely. Our attorneys have extensive experience defending fiduciaries accused of wrongdoing. We help clients comply with Florida law, avoid personal liability, and protect the integrity of the estate.
Q. What if someone dies without a will?
If a person dies intestate (without a valid will), Florida’s intestacy laws govern who inherits their property. Typically, this means the estate is divided among the spouse, children, or other close relatives. We assist clients in resolving complex intestate succession cases.
Q. What’s the difference between will contests and trust litigation?
While both involve estate disputes, will contests focus on the validity of the deceased’s will, while trust litigation centers on the management or terms of a trust. Each follows different rules and timelines but may arise from similar legal concerns like undue influence or lack of capacity.
Estate Litigation Cases Involving Trusts
These responsibilities and duties are outlined in the Florida Trust Code.
In short, a trustee has been appointed by the settlor to oversee that assets in a trust are being fairly and properly administered to the named beneficiaries.
Unfortunately, in some cases, a trustee mishandles these assets and certain beneficiaries do not receive their proper share. There may be other issues with the way a trust is being handled or even issues with the trust itself. These issues may lead to formal legal objections and ultimately litigation.
Common legal disputes involving trusts include:
- Breach of fiduciary duty by the trustee
- Unlawful distribution of assets held within the trust.
- Mental capacity issues or undue influence over the settlor
- Sudden modification of the trust
- Issues with formalities (i.e. signing, witnessing, executing)
Our law firm is highly experienced in estate litigation cases involving trusts. If you’re a trustee and require legal defense, or you’re a beneficiary raising a formal legal objection over the actions of a trustee, we can help.
Estate litigation Cases Involving Wills
In Florida, legal disputes involving wills are filed in probate court and typically must be submitted before completion of the probate process. These legal disputes may involve issues with the document, or issues with the behavior of a family member, caregiver, or personal representative.
For instance, one of the more common reasons a will is challenged is due to the validity of the document. The validity of a will may be challenged if there’s potential issues with the competency of the party drafting it. It may also be challenged if the document was drafted under false pretenses or if the will was improperly signed, executed, or there’s existing wills already in place.
Reasons for challenging a will include:
- Improper Execution
- Diminished Mental Capacity
- Unlawful Changes to the Document
- Misrepresentation
- Foul Play From a Family Member or Third Party
Probate Deadlines & Notice of Administration in Estate Litigation
Deadlines can play a critical role in Florida estate litigation. During probate, interested parties may receive a Notice of Administration informing them that an estate has been opened and providing information about the probate proceeding.
Receiving formal notice can trigger important deadlines for raising certain objections or challenges. Depending on the circumstances, these may involve the validity of a will, the qualifications of the personal representative, venue, jurisdiction, or other issues affecting the administration of the estate.
Because probate deadlines can vary based on the type of claim and the notice received, beneficiaries, heirs, and other interested parties should not assume they have unlimited time to act. Waiting too long may limit or eliminate certain legal remedies.
If you receive a Notice of Administration and believe there may be a problem with a will, the administration of the estate, or the conduct of a fiduciary, speaking with an experienced Florida estate litigation attorney as early as possible can help protect your rights.
Florida Estate Litigation Resources & Legal Guides
Estate disputes can involve complex questions about wills, trusts, inheritance rights, fiduciary duties, and Florida probate law. Explore these resources to better understand the legal issues that may arise during contested estate and probate proceedings.
https://ddpalaw.com/blog/probate/florida-probate-rules/
https://ddpalaw.com/blog/probate/florida-intestate-succession/
https://ddpalaw.com/blog/probate/legal-grounds-for-contesting-estate/
https://ddpalaw.com/blog/probate/trust-litigation-lawsuits/
https://ddpalaw.com/blog/probate/florida-estate-litigation-laws/
https://ddpalaw.com/blog/probate/florida-inheritance-laws/
More Probate Resources →
Speak With an Estate Litigation Lawyer
Navigating disputes over wills, trusts, and estates can be both legally complex and emotionally taxing. Most individuals are unfamiliar with the precise procedures, critical deadlines, and evidentiary standards required to successfully contest or defend an estate in court. An experienced estate litigation attorney brings not only legal knowledge but also courtroom experience, insight into probate judges, and the negotiation skill to achieve the best outcome for your case.
Based in Fort Lauderdale with offices throughout Florida, Di Pietro Partners represents clients statewide in all types of probate disputes no matter where you live. If you’ve been appointed personal representative for a Florida resident or are involved in a contested will or trust, reach out for a free and confidential case review.
Contact us today to speak with a Florida estate litigation lawyer who can protect your rights and guide you through every step of the process.
