Estate and Trust Disputes (Litigation)

Unfortunately, disputes sometimes arise after a death. These disputes may involve:

  • Challenges to the validity of a will or trust
  • Claims that a beneficiary was unfairly excluded
  • Claims on behalf of a surviving spouse
  • Questions about the actions of a Personal Representative or Trustee

Florida law contains strict deadlines for raising objections. Acting quickly is critical. Common situations that lead to disputes include:

  • A new will that changes prior distributions
  • One child receiving most or all of the estate
  • Assets left to a caregiver, neighbor, or friend instead of family
  • Questions about jointly owned or “pay on death” assets
  • Concerns that the deceased was pressured, confused, or influenced
  • Concerns regarding the rights of the surviving spouse

Common Legal Grounds for Contesting a Will or Trust

  • Lack of mental capacity
  • Undue influence
  • Fraud or duress
  • Mistake
  • Improper execution
  • Tortious interference with an inheritance
  • Misconduct or disqualification of a Personal Representative or Trustee

These cases are fact-specific and often complex. Early legal advice can make a significant difference.

Since 1971, Hawkins & Burt have represented Personal Representatives, Trustees, Beneficiaries, Surviving Spouses, Creditors, Family Members and others in Will or Trust Disputes. The goal in all of these proceedings is to carry out the valid wishes of the deceased in accordance with the estate documents and Florida law.