Key Takeaways Introduction Spousal lifetime access trusts and spousal lifetime access non-grantor trusts are two types of marital trusts, also known as spousal trusts. These types of trusts may offer unique benefits for a beneficiary spouse while allowing the grantor [...]
If you have a valid legal claim against a deceased person, you may still be able to receive compensation by filing a lawsuit against [...]
If you have a valid legal claim against a deceased person, you may still be able to receive compensation by filing a lawsuit against […]
An executor is a person who is appointed to carry out the instructions of a will after the death of the person who made [...]
An executor is a person who is appointed to carry out the instructions of a will after the death of the person who made […]
Inheritance laws in Florida are based on whether there was a valid, enforceable last will and testament for the person who passed. If they [...]
Inheritance laws in Florida are based on whether there was a valid, enforceable last will and testament for the person who passed. If they […]
Executive Summary Introduction Tortious interference is when a third party to a contract intentionally acts to harm the financial potential of the relationship. While [...]
Executive Summary Introduction Tortious interference is when a third party to a contract intentionally acts to harm the financial potential of the relationship. While […]
A breach of fiduciary duty occurs when a “fiduciary,” such as the personal representative of an estate, a trustee, or a guardian, fails to [...]
A breach of fiduciary duty occurs when a “fiduciary,” such as the personal representative of an estate, a trustee, or a guardian, fails to […]
Florida Probate Code Section 733.814 allows the personal representative or a beneficiary of an estate to initiate a “partition action” to split property between [...]
Florida Probate Code Section 733.814 allows the personal representative or a beneficiary of an estate to initiate a “partition action” to split property between […]
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Estate litigation is the process of resolving disputes that arise during the administration of a deceased person’s estate. Typical conflicts include challenges to the validity of a will based on undue influence, lack of capacity, fraud, duress, or improper execution; disagreements over how to interpret estate documents; objections to the executor’s inventory, accounting, fees, or decisions; and contests among heirs or beneficiaries about their rights or distributions. Some matters can be settled through information sharing, negotiation, or mediation. When enforceable relief is required, the probate court can admit or invalidate a will, determine heirship, compel or approve accountings, remove or surcharge an executor or personal representative, and direct how estate assets are marshaled and distributed in accordance with the decedent’s intent and state law. An estate litigation attorney represents heirs, beneficiaries, creditors, and personal representatives, protecting legal rights, promoting transparency, and moving the estate toward a proper and timely resolution.
Answers to common questions about estate & probate administration, helping you better understand your rights and the legal processes involved in protecting your interests.
Frequent issues include will contests based on undue influence or lack of capacity; fraud, duress, or improper execution; disputes over spousal or heirship rights and elective share claims; objections to an executor’s accounting, fees, or asset management; creditor claim challenges; and disagreements about how to interpret or apply provisions in the will or related estate documents. Many of these disputes resolve through negotiation or mediation, and the court can issue orders when needed.
Timelines vary with the complexity of the issues, the number of parties, the court’s calendar, and whether the matter settles or proceeds to trial. Narrow disputes, such as limited objections to an accounting, can resolve in several months. Contested will challenges that require discovery, expert testimony on capacity or undue influence, multiple hearings, or appeals can take twelve to twenty-four months or longer.
Yes. Many estate disputes resolve without trial through information exchange, negotiation, nonjudicial settlement agreements, or mediation. These options are often faster, less costly, and more private. If enforceable relief is needed, an attorney can seek targeted court orders to compel an accounting, protect assets, remove a fiduciary, or interpret the will. When settlement and mediation do not produce results, trial may be necessary so a judge can resolve contested facts, decide credibility, and enter binding orders that move the estate forward.
Standing usually belongs to those with a direct, legally protected interest under state law. This often includes heirs, devisees, and beneficiaries named in a current or prior will; personal representatives and executors seeking instructions or enforcement; creditors with allowed claims; and, in some situations, guardians or conservators acting for minors or incapacitated persons. Exact rules vary by state, so a local probate attorney should confirm eligibility.
You have grounds when there is a recognized legal basis and facts that support it. Examples include evidence that a will was signed without capacity or under undue influence, proof of fraud or improper execution, missing or inaccurate accountings, asset mismanagement by the executor, denial of statutory rights such as a spouse’s elective share, or wrongful handling of creditor claims. Gather the will and related documents, prior accountings, financial statements, communications, and any medical records relevant to capacity. An estate litigation attorney can assess the merits, defenses, and best next steps.
An estate litigation attorney can review the will, codicils, and related records, request and analyze accountings and financial statements, and develop a strategy tailored to your role, whether you are an heir, beneficiary, creditor, or personal representative. The attorney can negotiate settlements and nonjudicial agreements or file targeted petitions to admit or contest a will, compel an accounting, determine heirship, remove or suspend an executor, obtain injunctive relief to preserve estate assets, surcharge a fiduciary for losses, and secure clear court instructions that move administration forward. Throughout the process, your attorney protects your interests and keeps the case compliant with state probate law.
Choose an attorney with substantial experience in probate and estate disputes, including will contests, accounting objections, fiduciary removal and surcharge, heirship and elective share claims, and creditor issues, as well as familiarity with your local probate court’s procedures and judges. Look for strong motion practice and trial readiness balanced with practical settlement skills, clear communication about options, risks, timelines, and fees, and access to resources such as forensic accountants and medical experts. The right fit provides regular updates, gives candid assessments of strengths and weaknesses, and is prepared to take the case to trial if necessary while keeping your goals and efficient resolution at the forefront.
A member of the RMO Client Relations team will reach out to gather additional information concerning the parties to your case and schedule your consultation.
Please note that communications by you to RMO LLP or any of its lawyers through this website do not create an attorney-client relationship between you and the firm. Do not send any privileged or confidential information to the firm through this website or otherwise until instructed in writing from us to do so.
