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 regularly provides legal analysis for major media outlets on complex disputes involving estates, fiduciaries, guardianships, and related legal issues. His appearances have included commentary on the Britney Spears conservatorship proceedings, including issues involving fiduciary responsibility and court oversight.

What is Estate Litigation?

Estate litigation involves legal disputes over the administration or distribution of a deceased person’s estate, as well as disputes concerning the validity of wills, trusts, and other estate-planning documents. 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 personal representatives 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

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 owe fiduciary duties in administering estates and trusts. Self-dealing, conflicts of interest, misuse of assets, failure to properly administer or account for property, or other breaches of fiduciary duty may lead to litigation.

Removal of a Personal Representative – Florida law allows a personal representative to be removed for certain statutory reasons, including wasting or maladministration of estate assets, failure to comply with court orders, failure to account, incapacity, or conflicts of interest that interfere with estate administration.

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 – Florida law allows a trustee to be removed under certain circumstances, including a serious breach of trust, unfitness or persistent failure to administer the trust effectively, or other grounds specified in Florida Statute § 736.0706.

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 – Florida recognizes claims involving intentional interference with an expected inheritance in certain circumstances. However, when adequate relief is available through probate, that remedy generally must be pursued before a separate tort claim can proceed. These claims may arise when wrongful conduct such as fraud or undue influence prevents a person from receiving an inheritance and probate remedies are inadequate or unavailable.

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.

Omitted Spouses or Children – Florida law provides certain protections for surviving spouses and, in limited circumstances, children who were omitted from a will. Whether an omitted family member has inheritance rights depends on factors such as when the will was executed, when the marriage or birth occurred, and whether the omission was intentional.

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 responsibilities as a fiduciary are at stake, you need more than an attorney who understands probate law. You need a litigation team with substantial courtroom experience, focused knowledge of Florida estate law, and the ability to handle a dispute from investigation through negotiation, mediation, evidentiary hearings, and trial.

At Di Pietro Partners, we represent clients on both sides of complex estate disputes, including heirs and beneficiaries pursuing claims as well as personal representatives, trustees, and other fiduciaries defending their actions. Led by nationally recognized trial attorney David Di Pietro, our firm combines substantial courtroom experience with focused knowledge of Florida probate and estate litigation.

• 20+ Years of Litigation Experience Led by veteran trial attorney David Di Pietro, our team brings decades of combined litigation experience, including more than 70 jury trials and hundreds of bench trials and evidentiary hearings.
  
• Experience Representing Both Sides of Estate Disputes  We 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.
• Experience in High-Value and Complex Estate Litigation  Our firm handles substantial estate and trust disputes involving significant assets, contested inheritances, fiduciary claims, disputed estate plans, and complex financial issues.
• Nationally Recognized Legal Analyst  David 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.
• Direct Attorney Involvement   Di Pietro Partners is a boutique litigation firm where clients work directly with the attorneys handling their cases. This allows our lawyers to understand the financial, family, and fiduciary issues involved and develop a strategy tailored to the specific estate dispute. 
  

About Our Estate Litigation Team

At Di Pietro Partners, our estate litigation team is composed of seasoned trial attorneys with substantial courtroom experience in complex probate, will, and trust disputes. Led by founding partner David Di Pietro, our lawyers bring decades of combined courtroom experience to each case.

We represent heirs, beneficiaries, personal representatives, 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 has the litigation experience to navigate complex estate disputes through negotiation, mediation, and trial.

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 beneficiaries, heirs, personal representatives, creditors, and other interested parties. Trust-related disputes are separately governed by Chapter 736, known as the Florida Trust Code.

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?
Deadlines depend on the type of proceeding and the notice received. Challenges to wills may be subject to short objection periods after formal notice or a Notice of Administration is served. For a trust that was revocable at the settlor’s death, Florida Statute § 736.0604 provides that a challenge to the validity of the trust must be filed by the earlier of the applicable limitations period under Chapter 95 or six months after the trustee sends the person a copy of the trust instrument together with the notice required by the statute. Because these deadlines are highly fact-specific, potential claims should be evaluated promptly.

Q. Who can challenge a will or trust?
A person must have legal standing to bring a challenge. Depending on the proceeding, this may include beneficiaries, heirs, beneficiaries under a prior will or trust, or other persons whose legal or beneficial interests may reasonably be affected by the outcome. Standing is fact-specific and depends on the particular estate, trust, and claim involved.

Q. What are valid reasons to contest a will or trust? Legal grounds may include:

• Undue influence by a caregiver, family member, or third party
• Lack of testamentary capacity at the time a will was executed, or lack of the required legal capacity when a trust was created or amended
• Improper execution, such as failure to comply with applicable signing or witnessing requirements
• Fraud, duress, or forgery

Separate estate or trust litigation may also involve breach of fiduciary duty, trustee or personal representative misconduct, disputed distributions, or accounting issues.

Q. What happens when you contest a will or trust in Florida?  When a will or trust is contested, common outcomes may include:

• Early dismissal if the claim lacks sufficient legal or factual support
• Settlement through negotiation or mediation
• Trial If the dispute cannot be resolved, the case may proceed to trial in Florida circuit court, where the parties present evidence and the court decides the contested issues.

Q. Do I need a lawyer for an estate dispute?
Whether an attorney is legally required depends on the party and the capacity in which that person is participating. Personal representatives generally must be represented by a Florida attorney, subject to limited exceptions. For beneficiaries, heirs, and other interested persons, legal representation may not always be mandatory, but estate litigation can involve strict deadlines, evidentiary issues, fiduciary duties, and complex probate procedures. Working with an experienced Florida estate litigation attorney can help protect your rights and avoid procedural mistakes.

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 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 law determines who inherits the probate estate. Depending on the decedent’s family circumstances, property may pass to a surviving spouse, descendants, parents, siblings, or other relatives under Florida’s intestacy statutes. The surviving spouse’s share can vary depending on the family structure. 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 generally focus on the validity of a will, including issues such as undue influence, lack of testamentary capacity, fraud, or improper execution. Trust litigation can involve challenges to the validity of a trust as well as disputes over its administration, interpretation, distributions, trustee conduct, or beneficiary rights. The two types of disputes may involve similar facts, but they are governed by different statutes and procedural rules.

Estate Litigation Cases Involving Trusts

Estate litigation frequently overlaps with trust litigation when a decedent used a trust as part of the estate plan. Disputes may involve whether a trust or amendment is valid, how trust assets should be distributed, whether property properly belongs to the trust or probate estate, or whether a trustee has fulfilled their fiduciary duties.

Common trust-related estate disputes include allegations of undue influence, lack of capacity, fraud, disputed trust amendments, improper distributions, failure to provide required information or accountings, and trustee misconduct. Under Florida’s Trust Code, court proceedings may address the validity, administration, or distribution of a trust.

Trust and probate disputes may also proceed at the same time when a decedent’s will and trust operate together as part of a broader estate plan. In these cases, resolving the estate may require examining both the probate documents and the trust, as well as the conduct of the personal representative, trustee, beneficiaries, and other interested parties.

If a trust was created or amended through fraud, duress, mistake, or undue influence, Florida law provides that the affected trust or portion may be void. Trustee misconduct can also result in remedies including accountings, repayment or restoration of trust property, suspension or removal of the trustee, and other court-ordered relief.

Estate litigation Cases Involving Wills

Florida law requires a testator to be of sound mind when making a will, and wills must comply with statutory execution requirements, including applicable signing and witnessing formalities. A will, or a portion of it, may also be void if its execution was procured by fraud, duress, mistake, or undue influence.

Common issues in will litigation include:

• Improper execution
• Lack of testamentary capacity
• Undue influence
• Fraud, duress, or mistake
• Forgery or unauthorized alterations
• Competing wills or codicils
• Disputes involving revocation of a prior will

Strict deadlines can apply. For example, a person served with a Notice of Administration generally has three months from the date of service to object to the validity of the will, venue, or jurisdiction of the court.

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 a Notice of Administration can trigger strict deadlines. Under Florida Statute § 733.212, an interested person who is served with the notice generally has three months from the date of service to object to the validity of the will, venue, or jurisdiction of the court. Missing that deadline can bar those objections.

Other probate deadlines can vary depending on the type of claim, the notice received, and the stage of the proceeding. 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

Disputes involving wills, trusts, and estates can involve strict deadlines, complex evidence, fiduciary duties, and significant financial and family interests. An experienced estate litigation attorney can help evaluate the dispute, protect your legal rights, and develop a strategy for negotiation, mediation, or litigation when necessary.

Di Pietro Partners is headquartered in Fort Lauderdale and represents clients in estate and probate disputes throughout Florida, including out-of-state clients who are involved in Florida estates, trusts, or probate proceedings. Whether you are a beneficiary, heir, personal representative, trustee, or other interested party, our attorneys can help you understand your options and protect your interests.

Contact us today for a free, confidential consultation with an experienced Florida estate litigation lawyer.