Probate & trust litigation · Coral Gables & Miami-Dade
Estate or Trust Dispute? Protect Your Rights.
Will contests, trust disputes, breach of fiduciary duty and accounting fights move fast in Florida, and the deadlines are short. Our litigation team represents beneficiaries, personal representatives and trustees across the state.
✓ Litigators who also plan and administer estates✓ Beneficiaries, trustees & personal representatives✓ Negotiation, mediation or trial
Talk with our litigation team
Tell us briefly what happened and we’ll reach out to schedule a confidential consultation.
Probate, trust and fiduciary disputes
Families end up in court for many reasons: a will signed under questionable circumstances, a trustee who will not share information, a personal representative who is not moving the estate forward, or beneficiaries who disagree about what a document means. These cases are emotional, and the deadlines are short.
Because our firm also drafts estate plans and administers estates and trusts every day, we know where these documents tend to break down. Partner Jordan M. Greenberg focuses his practice on probate, trust and fiduciary litigation, and associate Melissa G. Marrero handles contested trust, will and guardianship matters.
Personal representatives
Trustees
Beneficiaries and heirs
Guardians and families in incapacity matters
Personal injury firms on wrongful death estates
Matters we handle
From will contests to fiduciary accountings, we handle the full range of disputes that arise in Florida estates, trusts and guardianships.
Will Contests
Challenges based on undue influence, lack of capacity, improper execution, fraud or forgery, and defense of wills that were properly made.
Trust Contests
Disputes over the validity of a trust or an amendment, and over how the trust’s terms should be interpreted.
Breach of Fiduciary Duty
Claims against personal representatives and trustees who mismanage assets, self-deal or fail to follow the governing documents, and defense of fiduciaries facing those claims.
Accountings & Fees
Demands for accountings, objections to accountings, and disputes over fiduciary and attorney’s fees.
Removal of Fiduciaries
Petitions to remove and replace a personal representative or trustee who is not acting in the best interests of the estate or trust.
Guardianship Disputes
Contested guardianships and incapacity proceedings, including disputes over who should serve as guardian.
Discover
Tell us what happened and share the documents you have, from wills and trusts to accountings and court filings.
Evaluate
We review the documents, deadlines and evidence and give you a candid assessment of your options.
Resolve
We negotiate or mediate where it makes sense, and we are prepared to go to trial when it does not.
Deadlines matter
Florida sets short deadlines for many probate and trust challenges. A person formally served with a notice of administration generally has three months to object to the validity of a will, and a beneficiary who receives a required notice from a trustee may have as little as six months to contest the trust. If you believe something is wrong, talk to a lawyer as early as possible.
Frequently asked questions
Straight answers to the questions we hear most. For advice about your situation, schedule a consultation.
Can I contest a will in Florida?
An interested person, usually a beneficiary or heir, can challenge a will while the estate is being probated. Common grounds include undue influence, lack of testamentary capacity, improper signing and fraud. Deadlines can be short, so act quickly.
What can I do if a trustee will not share information?
Florida trustees have a duty to keep qualified beneficiaries reasonably informed and to provide trust accountings. If a trustee refuses, the court can compel an accounting and, in some cases, remove the trustee.
Do disputes always end up in court?
No. Many disputes resolve through negotiation or mediation, which is often faster, less expensive and easier on family relationships. We recommend litigation when it is the best way to protect your interests.
Who pays attorney's fees in probate litigation?
It depends on the case. In some situations Florida law allows the court to award fees from the estate or trust, or against a party. We discuss fees and likely costs with you at the outset.
What about the estate administration itself?
If the estate still needs to be opened or administered, see our Probate Administration page.
