Florida Probate and Trust Dispute Lawyers

Trust disputes are emotional and legally complex. Whether you’re a trustee under attack or a beneficiary who believes something’s gone wrong, our Florida trust litigation attorneys are here to help.

Di Pietro Partners has decades of courtroom experience representing clients on both sides of trust disputes, from mismanagement and undue influence to fiduciary breaches and trust contests.

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What is Trust Litigation?

Trust litigation refers to legal disputes involving the creation, administration, or distribution of a trust. Typically, it arises when beneficiaries, trustees, or potential beneficiaries disagree over the trust’s terms, its management, or distributions from the trust. Such disputes can encompass a range of issues, from alleged mismanagement by trustees to challenges over the validity of the trust itself. Given the complexities, it’s recommended to seek legal guidance when involved in trust disputes.

Legal Grounds to Contest a Trust in Florida

Trust disputes often stem from serious legal concerns that impact beneficiaries, trustees, or other interested parties. Below are the most common legal grounds to challenge a trust in Florida. Each topic links to a detailed explanation to help you understand your rights and options:

Undue Influence – When someone manipulates the settlor to alter a trust for their own benefit. Often involves elder exploitation or coercion by a caregiver or family member.

Lack of Mental Capacity – If the person creating or modifying the trust did not have the legal capacity to understand what they were signing, the trust may be invalid.

Breach of Fiduciary Duty – Trustees have strict legal obligations under Florida law. Mismanagement, self-dealing, or failing to provide accountings can justify litigation.

Trustee Misconduct – Includes failure to distribute assets, overpaying themselves, or violating the terms of the trust.

Removal of a Trustee – When a trustee is unfit or violates their legal duties, beneficiaries may seek their removal through the courts.

Improper Execution – Florida has specific requirements for creating a valid trust. If those legal formalities weren’t followed, the trust may be challenged.

Fraud or Forgery – If the trust was created or amended through deceit or the signature was forged, the trust may be declared void.

Ambiguous Language – Confusing or contradictory language in the trust can lead to disputes over interpretation and inheritance rights.

Why Hire Di Pietro Partners for Florida Trust Disputes?

When your family legacy or inheritance is at stake, you need more than just a probate lawyer; you need a trial-tested advocate with a reputation for winning high-stakes litigation.

At Di Pietro Partners, we represent clients on both sides of complex trust disputes, including beneficiaries seeking justice and trustees facing serious accusations. Led by nationally recognized trial attorney David Di Pietro, our team has recovered millions of dollars in contested estate and fiduciary litigation while defending clients in some of Florida’s most contested probate court battles.

• 20+ Years of Probate Trial Experience
  With over 70 jury trials and hundreds of evidentiary hearings, we don’t just settle, we litigate. While many probate attorneys avoid court, we prepared for it from day one.
• Dual-Sided Expertise
  David Di Pietro is one of the few attorneys in Florida who successfully represents both plaintiffs and fiduciaries in trust litigation.
• Multimillion-Dollar Results in Trust Disputes
  Our firm has secured multi-million dollar victories in cases involving undue influence, breach of fiduciary duty, trustee misconduct, and disputed trust amendments.
• Nationally Trusted Legal Analyst
  David Di Pietro is regularly featured on Fox News, CNBC, Court TV, and other major outlets for commentary on complex legal matters. His legal acumen is trusted by both juries and national audiences.

About Our Trust Litigation Team

At Di Pietro Partners, our trust litigation team is composed of experienced trial attorneys who have built a statewide and national reputation for results in high-conflict probate and trust disputes. Led by founding partner David Di Pietro, our lawyers bring decades of combined courtroom experience to each case, aggressively protecting clients’ financial interests, inheritance rights, and fiduciary responsibilities.

We represent beneficiaries, heirs, trustees, and fiduciaries in complex trust and estate litigation throughout Florida. Whether your case involves undue influence, trustee misconduct, a contested trust amendment, or breach of fiduciary duty, our team knows how to navigate the courtroom and win.

Meet Our Key Trust & Probate Litigators

Florida Trust Laws

Understanding Florida trust laws is essential when dealing with a trust dispute. These laws govern how trusts are created, managed, and challenged in probate court.

The Florida Trust Code found in Chapters 736-739 of the Florida Statutes establishes the legal rights and responsibilities of all parties involved, including trustees, beneficiaries, and the settlor (the person who created the trust).

For a deeper legal overview, read our Complete Guide to Florida Trust Laws.

Trust Litigation & Florida Trust Laws in 2025

Florida trust laws continue to evolve, and several key updates in 2025 directly impact how trust disputes are handled. Whether you’re a trustee, beneficiary, or fiduciary, staying informed is critical.

1. New Fiduciary Law: UFIPA (Effective Jan 1, 2025)
Florida adopted the Uniform Fiduciary Income and Principal Act (UFIPA), which updates how trustees allocate income vs. principal and manage trust distributions.

Why it matters: Missteps in allocation can now lead to legal claims for breach of fiduciary duty.

2. Senate Bill CS/SB 262: Major Clarifications
This 2025 law updates the Florida Trust Code in several key areas:

Decanting: Trustees can now transfer assets into new trusts more easily while following strict rules.

Ademption Rules: Lifetime gifts aren’t considered trust distributions unless clearly documented.

Trustee Standing: Clarifies when trustees can bring claims on behalf of beneficiaries.

3. Beneficiaries Have More Power
With UFIPA and code updates, beneficiaries now have stronger rights to transparency, accounting, and fair distribution. This increases the likelihood of trust litigation when these rights are violated.

Florida Trust Litigation FAQs

Q. What happens when you contest a trust in Florida?
When a trust is contested, there are three potential outcomes:

• Case Dismissal – If the court finds no legal grounds for the challenge, the case may be dismissed early.
• Out-of-Court Settlement – The parties may reach a “nonjudicial settlement agreement,” often saving time and legal costs.
• Trial – If a settlement isn’t reached, the case proceeds to trial in Florida probate court. Both sides present evidence, and a judge renders a final decision.

An experienced trust litigation attorney can guide you toward the most favorable outcome based on your situation.

Q. Who can challenge a trust in Florida?
In Florida, only individuals with legal standing can challenge a trust. This includes beneficiaries, heirs, or other interested parties. In order to have legal standing, you must be directly affected by the trust’s terms or administration.

Q. What are valid legal grounds to contest a trust?
A trust can be challenged for several reasons, such as undue influence over the settlor, lack of mental capacity, fraud, improper execution, or trustee misconduct. Sometimes the language in the trust is vague or contradictory, which can also give rise to litigation. Every case is unique, so it’s important to have an attorney review the facts before moving forward. Each case requires a fact-specific legal analysis by a qualified probate litigation attorney.

Q. Do you represent beneficiaries in trust disputes?
Yes, we regularly represent beneficiaries in trust-related claims. This includes cases involving trustee misconduct, unfair distributions, elder exploitation, or disputes over amendments to the trust. Our goal is always to protect the beneficiary’s rightful interest and ensure the trust is administered properly.

Q. Do I need an attorney to contest or defend a trust?
Yes. Trust litigation is complex and often involves high-value assets, family conflict, and procedural deadlines. Whether you’re a beneficiary, trustee, or fiduciary, hiring an experienced Florida trust litigation attorney is essential to protect your rights and avoid costly mistakes.

Q. Do you defend trustees accused of wrongdoing?
Absolutely. Our attorneys routinely defend trustees facing accusations of mismanagement, breach of fiduciary duty, and other legal claims. We help trustees comply with Florida’s Trust Code, protect against personal liability, and resolve disputes efficiently—whether through negotiation or trial.

Q. How long do I have to contest a trust in Florida?
Generally, the statute of limitations for contesting a trust in Florida is four years, but shorter deadlines may apply depending on when you received formal notice. It’s critical to act quickly and speak with a trust litigation lawyer as soon as you suspect wrongdoing.

Trust Litigation Lawsuits Involving Undue Influence

Undue influence is one of the most common and emotionally charged grounds for trust litigation in Florida. It typically arises when a trust is changed or created under suspicious circumstances. Typically the trust is modified in a way that significantly benefits one person far more than others, especially if that person had access, control, or leverage over the settlor.

In many of these cases, the influencer is a caregiver, adult child, new spouse, or close associate who isolates the settlor and gradually exerts control over their decisions. This influence may be subtle, such as persistent persuasion during a period of vulnerability, or more direct, involving manipulation, guilt, or fear. The result is often a trust that no longer reflects the settlor’s original wishes.

Florida courts take these claims seriously but require evidence. Judges look at the nature of the relationship, the timing and content of the trust amendments, and whether the influencer arranged for or was present during the drafting of the documents. If undue influence is proven, the court can invalidate the affected portions of the trust or the entire document altogether.

Trust Litigation Lawsuits Involving Lack of Capacity

Disputing the validity of a trust on the grounds of “lack of capacity” means that the trust was executed by an individual that may not have done so with a sound mind. One common example of this dispute involves the creator of the trust having an age related illness such as Alzheimer’s or Dementia. In these circumstances, it’s fairly easy for a malicious person to take advantage of an elderly individual’s deteriorating mental state and create/modify the trust for their own benefit.

Other aspects of disputing a trust on the grounds of lack of capacity may include:

• Influence of drugs (i.e. morphine or other medications)
• Brain damage
• Other illnesses that may significantly influence someone’s mental state

The State of Florida has a standard for capacity when it comes to trusts. This standard is called “testamentary capacity.” If someone sets up or modifies a trust while outside the standard of testamentary capacity, a trust may be legally challenged on the grounds of lack of mental capacity.

Trust Litigation Lawsuits Involving Improper Execution

Under Florida Statute §736.0403, trusts must be created with specific formalities. If the trust wasn’t properly signed, witnessed, or drafted in accordance with Florida law, it may be declared legally invalid. Even minor procedural errors such as missing witnesses or improper notarization can lead to litigation and potentially void the trust entirely.

Improper execution disputes often arise when a trust is created without legal guidance. For a trust to be valid, the settlor must have the legal capacity to create it, and the document must meet formal signing and witnessing protocols similar to those required for wills. This typically includes having two impartial witnesses present at the time of execution.

Mistakes like backdating, post-signature alterations, or a lack of clarity on whether the settlor reviewed the final document can all give rise to challenges. These cases can become especially contentious if one party benefits substantially from an improperly executed trust, triggering accusations of fraud, concealment, or undue influence.

In litigation, courts examine the timeline, intent, and credibility of the parties involved, often relying on testimony from attorneys, witnesses, and experts. For those contesting or defending a trust on execution grounds, experienced legal representation is essential. Di Pietro Partners has successfully litigated these disputes, ensuring that improperly created trusts do not override the true intent of the settlor.

Trust Litigation Lawsuits Involving Trustee Misconduct

Trustees have a legal duty to manage the trust in good faith and in the best interests of the beneficiaries. When a trustee violates the trust’s terms or fails to meet their fiduciary responsibilities, beneficiaries may pursue legal action to protect their rights.

Common examples of trustee misconduct include:

• Self-dealing or using trust assets for personal gain
• Excessive or unauthorized compensation
• Delayed or missed distributions
• Mismanagement or risky investments
• Failure to provide required accountings
• Disregard for the trust’s instructions or intent

If misconduct is proven, the court may order corrective action or even remove the trustee entirely.

Breach of Fiduciary Duty

Under Florida Statute §736.0813, trustees are legally required to act with honesty, loyalty, and care in managing trust assets. When a trustee fails to uphold these duties, it can cause financial harm and justify removal or legal action.

Common breaches include:

• Making poor or speculative investments
• Mixing personal assets with trust property (commingling)
• Failing to provide timely accountings or disclose information
• Unauthorized transfers, misuse of funds, or outright theft
• A proven breach of fiduciary duty can result in court intervention, restitution, and trustee replacement.

Speak With A Trust Litigation Attorney

At Di Pietro Partners, we combine deep knowledge of Florida trust law with decades of hands-on experience in probate litigation. Whether you’re facing a contested trust, allegations of trustee misconduct, or a high-stakes family dispute, our attorneys are ready to guide you every step of the way.

Our main office is located in Fort Lauderdale, but we represent clients statewide. No matter where you live, if your trust or probate issue falls under Florida jurisdiction, we can help.

Contact us today for a confidential consultation with an experienced Florida trust litigation lawyer.