When a loved one dies and the family cannot agree, probate stops being paperwork and becomes a fight. A sibling questions a last-minute will. A second spouse and the children from a first marriage square off over the house. A caregiver suddenly appears as the primary beneficiary. Our South Florida firm represents families on both sides of these disputes, guiding personal representatives, beneficiaries, and heirs through contested administration under Florida law.
Probate Disputes Are Our Focus
Florida probate is governed by the Florida Probate Code, Chapters 731 through 735 of the Florida Statutes, and by the Florida Probate Rules. Most estates settle quietly. The ones that do not tend to share the same triggers: a will signed when the decedent was frail, a beneficiary who controlled access to the testator, blended-family tensions, or a personal representative who will not communicate. We concentrate on those high-conflict matters across Miami-Dade, Broward, and Palm Beach Counties.
What We Handle
- Will contests based on lack of capacity, undue influence, fraud, or improper execution under Florida Statutes §732.502.
- Formal administration disputes, where contested estates almost always must proceed instead of summary administration.
- Spousal rights claims, including the elective share under §732.2065 and Florida’s strong homestead protections.
- Fiduciary disputes, including removal of a personal representative and surcharge for breach of duty.
- Trust disputes under Chapter 736, often filed alongside a probate contest.
Why Florida Cases Are Different
Florida law contains features that surprise out-of-state families. Homestead property generally passes outside the probate estate and cannot be freely devised when a spouse or minor child survives. A surviving spouse may claim an elective share equal to 30 percent of the elective estate even if the will leaves nothing. A will executed without two witnesses signing in the testator’s presence is invalid. Lady Bird (enhanced life estate) deeds and revocable trusts under Chapter 736 can move assets out of probate entirely, sometimes defeating the very claims a family expected to raise. Knowing which assets are truly in play is the first step in any dispute.
How a Contested Probate Unfolds
A contest usually begins when the will is deposited and a petition for administration is filed. An interested person may object, and the matter proceeds as an adversary proceeding under the Florida Probate Rules. Discovery follows: medical records, drafting attorney files, bank statements, and witness testimony. Many disputes resolve at mediation, which Florida courts routinely require. When they do not, the case is tried before a circuit judge. We prepare every matter as if it will be tried, because that posture produces the strongest settlements.
Talk to a Florida Probate Attorney
Deadlines in probate are unforgiving. Objections to a will, elective-share elections, and creditor claims all run on statutory clocks that can bar your rights if missed. The summaries on this site are general information, not legal advice, and every estate turns on its own facts. Consult a licensed Florida attorney about your specific situation before acting. We offer confidential consultations to families across South Florida.
For more on our Florida practice, see our overview of probate and estate administration in Florida. Morgan Legal Group's affiliated New York office also handles New York elder law.