Experienced Probate & Estate Litigation Attorneys in Fort Myers
When someone passes away in Florida, their estate is administered through the probate court system, and Florida law generally requires the involvement of an attorney throughout the process. Probate matters can involve estate administration, inheritance issues, and, in many cases, disputes among beneficiaries, heirs, or other interested parties.
Di Pietro Partners represents executors, beneficiaries, and families in Fort Myers and throughout Lee County, handling both routine probate administration and complex estate and probate litigation. Our attorneys work to protect clients’ interests.
Probate & Estate Legal Services in Fort Myers
Di Pietro Partners offers a full spectrum of probate and estate legal services in Fort Myers, assisting executors, beneficiaries, trustees, and other interested parties with both straightforward estate administration and complex, contested probate matters.
Will Contests – Legal challenges to the validity of a will, often involving allegations of undue influence, fraud, coercion, or lack of testamentary capacity.
Estate & Probate Litigation – Advocacy in disputed probate matters, including conflicts over inheritance rights, disagreements in asset distribution, and claims brought by creditors.
Trust Litigation – Conflicts related to trust administration, including issues involving beneficiary rights and claims of misconduct or mismanagement by trustees.
Breach of Fiduciary Duty – Allegations of improper conduct by fiduciaries, including mismanagement of assets, self dealing, or other breaches of duty by personal representatives or trustees.
Probate Administration – Assistance navigating the probate process from start to finish, including preparing court filings, handling creditor notifications, and ensuring assets are distributed in accordance with Florida law.
Trust Administration – Support for trustees and beneficiaries in carrying out trust administration properly, with close attention to the terms of the trust and the requirements of Florida law.
Intestate Succession (Dying Without a Will) – Representation in probate proceedings involving estates where no valid will exists, with asset distribution governed by Florida intestacy laws.
Guardianship Proceedings – Counsel in guardianship proceedings involving individuals who are unable to manage their own affairs, including matters related to court appointed guardians.
Probating a Will in Fort Myers
When it comes to probating a will in Fort Myers, the process is governed by Florida probate law and handled through the Lee County probate court system. The type of probate administration required depends on the value of the estate and the nature of the assets involved. Our Fort Myers probate attorneys help clients determine the appropriate form of administration and guide them through each stage of the probate process. There are three primary types of probate administration.
Formal Administration
This is the standard form of probate administration and is most often used when handling a will. It generally applies to estates with a value exceeding $75,000.
Summary Administration
This type of probate administration is available for estates valued at $75,000 or less and provides a more streamlined, faster alternative to the standard probate process.
Disposition Without Administration
Counsel in guardianship proceedings involving individuals who are unable to manage their own affairs, including matters related to court appointed guardians.
Dying Without a Will in Fort Myers (Intestate Succession)
When an individual passes away without a valid will in Fort Myers, their estate is classified as intestate. This does not mean the estate is automatically transferred to the State of Florida. Instead, Florida law provides a structured process for distributing the decedent’s assets through the probate court in Lee County when no will is in place.
The chart below offers a general overview of how Florida’s intestate succession laws determine who inherits when someone dies without a will.
How Assets Are Distributed Under Florida Intestate Law
Under Florida law, assets are distributed according to a defined order when someone dies without a will:
- If the decedent is survived by a spouse and no descendants, the surviving spouse typically inherits the entire estate.
- If both a spouse and descendants survive the decedent, and all descendants are shared with the spouse, the spouse generally receives the full estate.
- If the decedent has a surviving spouse and descendants from another relationship, the estate is usually divided between the spouse and those descendants.
- If there is no surviving spouse, the estate typically passes to the decedent’s children or other direct descendants.
- In the absence of descendants, the decedent’s parents may inherit the estate.
- If no close family members are living, Florida law outlines how more distant relatives are identified. Only if no legal heirs can be found will the estate transfer to the State.
Florida’s intestate succession rules are set forth in Chapter 732 of the Florida Statutes.
Fort Myers Probate Litigation Attorney
Probate litigation refers to disputes that arise while administering a person’s estate after death. In Fort Myers, these cases commonly include will contests, disagreements over how estate documents should be interpreted, and conflicts involving the distribution of assets among heirs or beneficiaries. These matters may be brought by beneficiaries, family members, creditors, or other interested parties when issues cannot be resolved through the normal probate process.
These disputes are handled by the probate court and can involve multiple stages, including hearings, discovery, depositions, and potentially trial. Having knowledgeable legal counsel is important when dealing with contested probate proceedings.
Common examples of probate litigation in Florida include:
Will contests: These disputes challenge whether a will is legally valid, often based on allegations such as undue influence, lack of mental capacity, or improper execution.
Breach of fiduciary duty: These claims focus on the conduct of a personal representative or executor, including accusations of mismanaging estate assets, acting in their own interest, or failing to fulfill legal obligations.
Disputes involving estate assets: These matters may involve disagreements over how assets are valued, how they should be distributed, or who has rightful ownership of certain property.
Probate Litigation in Lee County Courts
In Fort Myers and across Lee County, probate disputes are addressed within the Twentieth Judicial Circuit Court of Florida. These cases are often complex and can become highly contested, especially when significant assets or family disagreements are involved. Having a Fort Myers probate attorney with litigation experience and knowledge of the local court system is essential to effectively protect your interests.
Filing Probate Cases in Fort Myers
Probate matters in Fort Myers and throughout Lee County are administered through the Lee County Clerk of Court, with judicial oversight provided by the Twentieth Judicial Circuit Court of Florida. Routine probate administration filings are processed through the Clerk of the Court, while contested probate matters and estate litigation are heard and resolved within the judicial circuit.
Di Pietro Partners represents clients in both probate administration and probate litigation matters and is familiar with the local filing procedures, court requirements, and judicial processes applicable to Lee County probate cases.
Twentieth Judicial Circuit of Florida
2075 Dr. Martin Luther King Jr. Blvd
Ft. Myers, FL 33901
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Trust Administration in Fort Myers
Trust administration is the process of overseeing and distributing assets held within a trust in accordance with the trust’s terms and applicable Florida law. Trustees are required to act in the best interests of the beneficiaries, and any failure to meet these obligations can result in disputes or legal action.
Di Pietro Partners represents both trustees and beneficiaries in Fort Myers and throughout Lee County, providing guidance in standard trust administration as well as representation in contested trust matters.
Common Types of Trusts in Florida
Living Trusts – This is the most widely used type of trust, which can be either revocable or irrevocable, and is designed to manage assets during an individual’s lifetime and facilitate their distribution after death.
Testamentary Trusts – These trusts are established within a will and become effective upon the decedent’s death, with administration occurring as part of the probate process.
Domestic Asset Protection Trusts (DAPT) – These trusts are structured to help shield assets from specific creditor claims and, in certain situations, protect them in the event of marital disputes.
Talk With a Fort Myers Probate & Estate Litigation Attorney
Di Pietro Partners is an AV Preeminent rated law firm representing clients in probate, estate administration, and estate litigation matters throughout Fort Myers and Lee County. Our attorneys handle both straightforward probate matters and complex disputes involving contested wills, trusts, and fiduciary misconduct.
We are dedicated to serving clients throughout Lee County and across the State of Florida. If you are dealing with probate, inheritance issues, or an estate dispute, our attorneys can help you understand your options and protect your interests at every stage of the process.
Fort Myers Probate Office
Available by appointment only
Di Pietro Partners
9160 Forum Corporate Parkway
STE 350
Fort Myers, FL 33905
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