Florida Probate & Trust Litigation Attorney (Will Contests)

When You Need a Litigator, Not a Drafter

Most estate lawyers prepare documents and never set foot in a courtroom. That is fine until a family ends up in conflict, and then it is exactly the wrong background. Kevin works the other side of this too. He goes to court over Florida estates and trusts, which means he knows how these fights are actually won and lost, not just how the paperwork is supposed to read. He began his career as a Miami-Dade prosecutor, trying cases in court before he ever drafted an estate plan, and that trial background carries directly into these disputes. If you are staring at a will that does not look right, or a sibling who has taken control of a parent’s accounts, that courtroom experience is what you want in your corner.

The Disputes We Handle

Will contests. Challenging, or defending, a will on grounds of undue influence, lack of capacity, fraud, or improper signing.
Trust disputes. Fights over how a trust is being run, what it means, or whether it was validly created or amended.
Removing a trustee or personal representative. When the person in charge is self-dealing, stonewalling, or wasting the estate.
Breach of fiduciary duty. Holding a trustee or personal representative personally responsible for losses they caused.
Accounting demands. Forcing a full, honest accounting when a beneficiary is being kept in the dark.
Challenges to deeds and beneficiary changes. Setting aside a last-minute deed or account change made under pressure or after capacity slipped.
Financial exploitation of the elderly. Recovering money drained from a vulnerable parent, up to triple, and disqualifying the abuser from the estate. When the money is moving right now, a vulnerable adult injunction can freeze the accounts within days.
Homestead and elective-share disputes. Fights over the family home and a surviving spouse’s share.
Will contests. Undue influence, capacity, or a signing that failed Florida's requirements. The objection window is three months from service of the notice of administration and is almost never extended.
Partition of inherited property. When siblings inherit a house together and one of them wants out. Since 2020 the cotenants who want to keep it can buy out the one forcing the sale, at a price the court sets, and the election window runs 45 days.

Undue Influence: the Most Common Fight

Again and again, the same story walks in the door. An aging parent grows dependent on one person, often one child or a new acquaintance, and shortly before death the will changes, or the house is deeded away, or the accounts are emptied, all in that person’s favor. Florida law has a name for this and a way to attack it. When someone in a position of trust was actively involved in creating a gift they benefit from, the law can shift the burden and force them to justify it. These cases turn on details like who drove to the lawyer, who was in the room, and who held the password. We know what to look for.

Something about an estate doesn’t add up?

The deadlines in probate are short. Book a free 30-minute consult and we will tell you honestly whether you have a case, and what it would take.

Book your free consult

Move Quickly: the Clock Is Already Running

Probate runs on deadlines, and some are brutally short. Once you are formally served, the window to object to a will can be as little as 90 days, and evidence gets harder to gather as time passes and memories fade. If you have received a notice of administration or a trust notice and something feels off, the worst thing you can do is wait and hope. A short consult now can preserve rights that disappear if you sit on them.

What It Costs

Litigation is not flat-fee work, because no two disputes follow the same road. We quote it at the consult, after we understand the facts, and we will tell you plainly whether the fight is worth having. Sometimes a single firm letter or a demand for an accounting solves the problem; sometimes it takes a courtroom. Either way, you will know the likely cost and the strength of your position before you spend a dollar. The 30-minute consult itself is free.

Frequently Asked Questions

What Is Estate Litigation, and Is It the Same Thing as Probate Litigation?

They describe the same work and people reach for whichever phrase fits how the fight arrived. An estate litigation lawyer handles the disputes that come out of a death, meaning challenges to a will, fights over how a trust is being run, claims against a personal representative or trustee for breach of duty, a surviving spouse asserting the elective share, homestead disputes, disputed creditor claims, and demands for an accounting nobody will produce. Probate litigation is the same set of fights described by the court they are filed in. What matters more than the label is whether the lawyer actually appears in court on these matters, because a great many estate lawyers draft documents and have never litigated one.

What Is Probate Litigation in Florida?

Probate litigation is what happens when people cannot agree about an estate or a trust and the dispute goes to court. It covers contesting a will, removing a personal representative or trustee who is mishandling things, challenging a deed or beneficiary change made under pressure, fighting over a homestead, and forcing a trustee to account for the money. It is a different skill from drafting documents, and many estate-planning lawyers do not do it.

On What Grounds Can You Contest a Will in Florida?

The most common grounds are undue influence (someone pressured the person into the will), lack of capacity (they did not understand what they were signing), fraud, forgery, or a will that was not signed and witnessed the way Florida law requires. Undue-influence cases often turn on whether someone in a position of trust was actively involved in creating the will and stood to benefit. These cases are fact-intensive, and the deadlines are short, so moving quickly matters.

What if I Know My Sibling Is Going to Contest the Will?

Plan for the fight before it starts. Florida does not enforce no-contest clauses, the penalty provisions that disinherit anyone who challenges a will, so the threat of forfeiture will not stop your sibling here. What actually holds up is evidence built while the person is alive, like a well-documented signing ceremony, a note on capacity near the signing date, an attorney who meets the parent alone, and clean drafting that explains any unequal shares. If the fight has already arrived, early strategy matters more than outrage, and the estate can often keep moving while the contest is litigated.

How Long Do I Have to Contest a Will or Trust?

Not long, which is why people call us fast. Once the personal representative formally notifies you, the window to object to the will can be as short as 90 days. Other claims have their own deadlines. If you have been served with a notice of administration or a trust notice and something feels wrong, treat it as urgent and get advice before the clock runs out.

Can I Remove a Trustee or Personal Representative Who Is Mishandling the Estate?

Yes. Florida law lets a beneficiary ask the court to remove a trustee or personal representative for serious failings, such as self-dealing, hiding information, refusing to account, favoring one beneficiary, or wasting the estate’s assets. The court can remove them, order them to repay losses, and deny their fees. The first step is usually demanding a full accounting, which often surfaces the problem in black and white.

What Are My Rights as a Beneficiary in Florida?

A great deal more than many beneficiaries realize. You are generally entitled to be kept reasonably informed, to receive an accounting of what the estate or trust holds and how it is being handled, and to have the fiduciary act in the beneficiaries’ interest rather than their own. When a trustee or personal representative goes quiet or stonewalls, that silence is often the first sign of a problem worth investigating.

Can a Lady Bird Deed or Beneficiary Change Be Challenged?

Yes. A deed or a beneficiary designation signed when someone was being pressured, was no longer competent, or did not understand it can be set aside, the same way a will can. We see this often with a last-minute deed that moves a home to one child, or an account changed shortly before death. Whether it stands depends on the facts and the timing, which is exactly what the litigation sorts out.

Do You Charge a Flat Fee for Litigation?

No. Unlike our flat-fee planning work, litigation is quoted at the consult, because no two disputes take the same path. We will be straight with you about the likely cost, the strength of your position, and whether a fight is even worth it, before you commit to anything. Some matters resolve with a single firm letter; others need a courtroom.

How Do I Contest a Will in Florida, and How Long Do I Have?

You contest a will by filing in the probate case and proving a legal ground, the common ones are lack of mental capacity, undue influence, fraud or duress, or that the will was not signed and witnessed correctly. Timing is critical. Once you are served with formal notice of the administration, you generally have a short window, often about 90 days, to file your objection, or you can lose the right to challenge entirely. One Florida quirk is worth knowing. A "no-contest" clause in a will is unenforceable here, so challenging a will does not automatically forfeit your inheritance the way it can in other states. Because the deadlines are unforgiving, talk to a lawyer quickly.

Can You Handle My Case if I Live Out of State?

Yes. Many estate fights involve an out-of-state child or beneficiary, and we handle these matters by phone and video, appearing in the Florida court where the case belongs. You do not have to fly in to protect your interest in a Florida estate.

Common Situations

The new will nobody saw coming. A daughter learns that, weeks before her father died, his will was rewritten to leave everything to a caregiver who drove him to a lawyer she had never met. The timing, the relationship, and the secrecy are the makings of an undue-influence case, and the 90-day clock is already ticking.

The trustee who went silent. A brother named as trustee stops answering his siblings and refuses to share any accounting. A formal demand, and then a court petition, forces the books open and reveals money moved to his own account. The court can make him repay it and remove him.

The deathbed deed. An aging mother deeds her home to one son a month before she dies, while she is in and out of lucidity. The other children can challenge the deed on capacity and undue-influence grounds, the same way they could challenge a will.

Sources of Law

Fla. Stat. §733.107: burden of proof in will contests; the shift on undue influence. §732.5165: effect of fraud, duress, mistake, and undue influence. (retrieved 2026-06-07)
Fla. Stat. §733.212: notice of administration and the time to object (as short as 90 days after service). §733.6171/§733.617: fees.
Florida Trust Code (ch. 736): breach of trust (§736.1001 (annotated)), removal of a trustee (§736.0706 (annotated)), duty to inform and account (§736.0813 (annotated)).
Fla. Stat. §733.602 and §736.0801 (annotated) to 0802: fiduciary duties of personal representatives and trustees.

Updated on August 12, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. Attorney Kevin Klagge represents families, businesses, and international clients in estate and tax planning, business structuring, and international law, with a focus on Florida legal tools. He litigates estate and business issues in court. General information about Florida law, not legal advice, and no attorney-client relationship is created. Outcomes depend on the specific facts; past results do not guarantee a similar outcome. Do not send confidential information until we have agreed to represent you.

Florida Probate and Trust Litigation Attorney