Will Attorney in Florida
Support When A Florida Will Raises Questions Or Conflict
When a loved one passes away, and the will is not what you expected, it can feel like grief and confusion hit at the same time. You may wonder whether the document is valid, whether someone pressured your loved one, or whether you have any say in what happens next in a Florida probate court. In these moments, having a trusted guide can make the difference between feeling powerless and taking informed action.
At Adrian Philip Thomas, P.A., we focus our practice on probate, trust, and estate litigation that often centers on disputed wills. Since 2002, our attorneys have represented more than 5,000 clients in estate-related conflicts throughout this state, including will contests, fiduciary disputes, and trust litigation. We understand both the legal rules and the family tensions that arise when a will is questioned, and we work to bring clarity when you need it most.
Think the will isn’t right?. Contact our Florida will attorney at Adrian Philip Thomas, P.A. now.
Facing A Will Dispute In Florida? How Our Firm Can Help
Many people come to us after discovering an unexpected change in a parent’s will, learning that a caregiver now stands to inherit most of the estate, or realizing they have been cut out entirely. Others are personal representatives who suddenly find themselves defending a will in a contested probate case. No matter which side you are on, a will dispute can feel overwhelming, especially when you are still dealing with loss.
Our attorneys handle a full range of will-related conflicts tied to Florida estates. We represent beneficiaries, heirs, personal representatives, and other interested parties in matters that include challenges to the validity of a will, disputes about how a will is interpreted, and claims that a fiduciary has mishandled estate assets. We listen closely to your story, identify the legal issues, and explain where Florida law may give you options.
We know that you are not just asking legal questions. You may also be worried about long-term family relationships, the financial security of children or a surviving spouse, or whether your loved one’s true wishes will be honored. Our goal is to provide clear legal guidance while respecting the emotional weight of the situation. When you speak with a will lawyer at our firm, you can expect a straightforward discussion of your potential claims, defenses, and next steps.
Why Families Choose Adrian Philip Thomas, P.A. For Will Litigation
Proven Focus On Estate Disputes
When the outcome of a will dispute could shape your financial future and your family’s history, the attorney you choose matters. At Adrian Philip Thomas, P.A., probate, trust, and estate litigation have been the focus of our work since 2002. During that time, we have represented more than 5,000 clients in estate-related disputes, which means we have seen many different patterns of conflict, from simple misunderstandings to allegations of serious exploitation.
Our firm has secured over $230 million in verdicts and settlements for clients in probate, trust, and estate cases. These results reflect our experience handling complex disputes involving significant assets, family businesses, and contested inheritances. They also show that we are comfortable taking on high-stakes matters where careful strategy and persistence are required.
Respected Credentials & Diverse Backgrounds
Founding partner Adrian P. Thomas holds an AV rating from Martindale Hubbell and a 10-Superb rating from Avvo, and he has been recognized as part of Florida’s Legal Elite. Our firm has also been honored by publications such as Forbes Florida and American Lawyer. These independent ratings and recognitions indicate that our peers and legal industry observers respect the quality of our work and our commitment to clients.
Our team brings together attorneys with backgrounds in estate planning, uncontested probate matters, litigation, and law enforcement. This range of experience is particularly valuable in cases involving suspected exploitation of an elderly person, financial abuse, or breach of fiduciary duty by a personal representative or trustee. We aim for fair negotiated resolutions when that aligns with your goals, and we are fully prepared to litigate contested estates in probate courts across the state when necessary.
Common Will Problems We See In Florida Estates
Every family and estate is different, but certain problems arise again and again in will disputes tied to this state. Understanding these patterns can help you recognize whether your concerns may have a legal dimension. One frequent situation involves a late-life change to a will that dramatically alters who inherits, sometimes in favor of a new spouse, caregiver, or distant relative, and sometimes cutting out long-standing heirs.
Florida law allows a will to be challenged on several grounds. These may include a lack of testamentary capacity, which involves whether the person signing the will understood the nature of their property and the effect of the document. Another frequent basis is undue influence, where someone in a position of trust or control manipulates or pressures the person into signing a will that benefits the influencer. Allegations of fraud, duress, improper execution, or the existence of a later will can also come into play.
Red Flags We Frequently Encounter
We also see disputes when there are multiple documents that appear to be wills, amendments that conflict with one another, or unclear provisions that leave room for disagreement. Conflicts often arise around personal representatives who are accused of favoring some beneficiaries over others, failing to provide information, or mishandling estate property. Our attorneys work to sort through these issues, review the relevant documents, and advise you on whether the facts support a formal challenge.
Questions about who has the right to contest a will are very common. Under Florida law, certain heirs, beneficiaries, and other interested persons may have standing to raise objections in probate proceedings. During your consultation, we review your relationship to the decedent, what the will says, and what notices you have received, then explain how the standing rules may apply to your situation.
What To Do If You Question A Will In Florida
If you are uneasy about a will that affects a Florida estate, taking careful steps early can help protect your rights. Time is often a key factor because this state’s probate rules set specific deadlines for objecting to a will or to the appointment of a personal representative. These deadlines can be tied to when you receive certain court notices, so it is important to pay close attention to any documents you receive from a clerk of court or from other parties involved in the estate.
Before you act on impulse or agree to anything, it can help to organize the information you already have. Try to obtain a copy of the will that has been presented to the probate court and any earlier versions you may have. Collect relevant medical records if you have them, notes about your loved one’s mental and physical health near the time the will was signed, and any written communications that might show changes in relationships or unusual pressure from others.
Family members sometimes feel pushed to sign waivers, receipts, or settlements without really understanding what rights they might be giving up. As a general rule, you may want to avoid signing legal documents related to the estate until you have a chance to speak with an attorney who can explain the potential consequences. It can also be useful to write down specific events that concern you, such as a caregiver suddenly controlling access to your loved one, isolation from family, or last-minute changes to legal documents.
Speaking with a will attorney in Florida can help you understand whether what you are seeing is simply hurt feelings or a potential legal issue. During a free initial consultation with our firm, we can review key facts, look at available documents, and discuss whether a formal will contest or other probate action might make sense in your situation.
How Our Florida Will Lawyers Approach Contested Estates
When you contact our firm about a potential will dispute, we start by listening. We ask about your relationship with the person who passed away, the history of their estate planning, and what has happened since their death. We then review available documents, such as the current will, any prior wills or codicils, and papers filed in the probate proceeding associated with a circuit court in this state.
Our attorneys evaluate whether the facts suggest possible claims, such as undue influence, lack of capacity, improper execution, or breach of fiduciary duty by a personal representative or trustee. We also consider the practical aspects of your case, including family dynamics, the likely cost and duration of litigation, and the impact on relationships among siblings or other heirs. Our goal is to give you a realistic picture of your options, rather than a quick promise that everything will work out a certain way.
Communication & Strategy Tailored To You
Communication is central to how we work with clients. We strive to explain complex probate and trust concepts in plain language and to keep you informed as your case progresses. Many of our clients live outside Florida while the estate is being probated in a county such as Broward, Miami-Dade, or Palm Beach, so we are accustomed to coordinating by phone, video, and email to make the process as manageable as possible.
Resolution strategies can include negotiation with other parties, participation in mediation, or presenting your case in hearings and trials in the probate division of a Florida circuit court. We aim to pursue fair settlements when that aligns with your goals and the strength of your case. When a negotiated resolution is not possible or would not protect your interests, we are prepared to litigate will contests and related claims in courts throughout the state.
Florida Probate Courts, Deadlines, & Local Considerations
Most will disputes related to estates in this state proceed through the probate divisions of the circuit courts. For example, estates in Broward County typically move through the Seventeenth Judicial Circuit, while estates in Miami-Dade County are handled in the Eleventh Judicial Circuit. In Palm Beach County, probate matters are usually heard in the Fifteenth Judicial Circuit. Each of these courts follows Florida statutes and probate rules, but local procedures and scheduling practices can vary.
Deadlines play a major role in whether and how you can challenge a will or object to actions by a personal representative. These time limits can depend on when you receive a Notice of Administration or other filings from the clerk of court, and they may be relatively short. If you delay, the court may limit your ability to raise certain objections or claims, even if your underlying concerns are serious. Part of our role is to help you identify which deadlines may apply and plan your steps accordingly.
Florida often serves as a retirement destination, which means many estates involve out-of-state family members, second marriages, blended families, and property that may include homes, condos, or investment real estate. These factors can make will disputes more complicated, particularly when family members live in different parts of the country or have limited experience with probate proceedings here. Our Fort Lauderdale-based team works to bridge that distance, representing clients both in and out of state while handling matters on the ground in the relevant county.
Because we regularly appear in probate courts in South Florida and elsewhere, we are familiar with common issues that arise in contested estates, from challenges to homestead dispositions to questions about elective share and spousal rights. We bring that practical experience to each new case and tailor our approach to the specific court, estate, and family involved.
Frequently Asked Questions
Who Can Challenge A Will In Florida?
In general, a person must be considered an interested person under Florida law to challenge a will. This typically includes individuals who stand to gain or lose financially from the will, such as beneficiaries named in the document, heirs who would inherit if the will were set aside, and sometimes creditors or others with a property interest. Whether you qualify can depend on your relationship to the person who died, what the will says, and how the estate would be distributed without that will.
During a consultation, we review your connection to the decedent, any prior estate planning documents you are aware of, and the filings made in the probate case. We then explain how the standing rules may apply in your situation and discuss what kind of objections or claims, if any, you might be able to raise. This helps you decide whether pursuing a challenge is realistic and worthwhile.
How Long Do I Have To Contest A Will Here?
The time you have to contest a will connected to this state often depends on when you receive specific notices related to the probate case. For example, a Notice of Administration sent by the personal representative can trigger a deadline to object to the validity of the will or to that person’s appointment. These periods can be relatively short, and if they pass without action, your options may become limited.
Because deadlines are tied to formal notices and filings, the exact timing is different in each case. When we speak with you, we ask to see any court papers you have received and review the docket in the appropriate circuit court, such as Broward, Miami-Dade, or Palm Beach. We then outline which time frames appear to apply and what steps may be available within them. This is one reason it is wise to speak with an attorney as soon as concerns arise, rather than waiting to see how things unfold.
What Are Signs That A Will Was The Result Of Undue Influence?
There is rarely a single sign that proves undue influence, but a pattern of concerning behavior can raise serious questions. Some common red flags include a caregiver or relative isolating the person from other family members, controlling access to phone calls or visits, or arranging for the person to see a particular lawyer without others present. Sudden or secret changes to long-standing estate plans, especially shortly before death or during serious illness, can also be a warning sign.
Other potential indicators may include the beneficiary’s presence when the will was discussed or signed, active involvement in selecting the attorney or giving instructions, and a resulting plan that heavily favors the person who was in control. Our attorneys draw on years of handling undue influence and exploitation cases, along with diverse backgrounds that include law enforcement, to evaluate whether the facts in your situation may support a legal claim. We then discuss what additional information might be needed and what options you might consider.
Can Your Firm Help If I Live Outside Florida But The Estate Is Here?
Yes, our firm often represents clients who live in other states while the probate case is pending in a Florida county. Many estates here involve adult children or other heirs who live elsewhere and cannot easily travel for every hearing or meeting. We work to make the process accessible by communicating through phone, email, and video, and by handling filings and court appearances locally.
From our base in Fort Lauderdale, we serve clients in probate courts across the state, including the Seventeenth Judicial Circuit in Broward County, the Eleventh Judicial Circuit in Miami-Dade County, and the Fifteenth Judicial Circuit in Palm Beach County. During your free initial consultation, we can explain how distance would affect your particular case, what you would need to do from your location, and how we coordinate with out-of-state clients on strategy and decisions.
How Do Fees Work For A Will Dispute?
Fees for will disputes can depend on several factors, including the complexity of the issues, the amount at stake, how many parties are involved, and whether the case resolves through negotiation or proceeds through extended litigation. Some matters may involve hourly billing or other arrangements that comply with Florida law and the circumstances of the estate. Because no two cases are the same, we discuss fee options with you directly rather than taking a one-size-fits-all approach.
What we can say clearly is that our initial consultation is complimentary. During that meeting, we review the general nature of your concerns, outline potential paths forward, and explain how fees might work in your particular situation. Our goal is for you to understand the financial aspect of representation before you decide how to proceed.
What If I Am The Personal Representative & Someone Is Attacking The Will?
If you are serving as a personal representative and another party is challenging the will or your actions, you may feel caught between legal duties and family conflict. In these situations, it is important to understand your obligations under Florida law and how to respond to objections or lawsuits. Personal representatives have fiduciary responsibilities to the estate and its beneficiaries, and accusations of wrongdoing can be stressful and time-consuming.
Our firm has represented both individuals who contest wills and those who defend them, including personal representatives who are trying to administer an estate in good faith. We review the claims being made, examine the steps you have taken so far, and advise you on how to comply with your duties while protecting your rights. Having counsel can help you navigate contested proceedings in a probate division and work toward a resolution that respects both the law and the estate plan when it is valid.
What Should I Bring To My First Meeting With Your Team?
Bringing certain documents and information to your first meeting can help us make the most of our time together. It is helpful to have a copy of the current will, any earlier wills or codicils you may have, and any court papers you have received, such as a Notice of Administration or letters from the clerk of court. A simple family tree or list of relatives, including their contact information and their relationship to the person who passed away, can also be useful.
You may also want to bring notes about key events that concern you, such as changes in your loved one’s health, living arrangements, or relationships, and any communications that seem relevant. If you do not have all of this information yet, that is all right. We can still talk through what you know and suggest what to gather next. Our goal during the initial consultation is to understand your concerns, outline possible options, and give you a sense of how we might work together.
Talk To A Will Lawyer In Florida About Your Situation
When questions about a will affect your family and your future, it can be hard to know what to do first. You may worry about making a wrong move, missing a deadline, or damaging relationships beyond repair. Speaking with an attorney who regularly handles contested wills and estate disputes in this state can help you move from uncertainty toward a clearer plan.
Since 2002, Adrian Philip Thomas, P.A. has focused on probate, trust, and estate litigation, guiding thousands of clients through will contests, fiduciary disputes, and related conflicts in Florida courts. We pair that experience with a commitment to personalized attention and compassionate counsel. In your free initial consultation, we can listen to your story, review key documents, and discuss how our team might assist you.
Call (954) 764-7273 now to schedule your free consultation with our team.
The Stories That Matter
Read Our Client Thank You Notes
-
"Please know how much I appreciated your hard work and effort representing me!"Jeff, please know how much I appreciated your hard work and effort representing me! Thank you for putting up with me and for never making me feel inept.- S.H.
-
"We cannot adequately express our gratitude for your excellent work in the resolution of this matter."I don't think there is a better way to express how we feel about these attorneys than to show our final message to them: Ryan & Adrian: We cannot adequately express our gratitude for your excellent work in the resolution of this matter. While certainly- MB & KB
-
"Would not hesitate to use him in the future."
Took the time to explain to me what was going on with my case in way that made sense. Would not hesitate to use him in the future.
- F.S. -
"Adrian, Thanks, you’re doing a great job and you’re the best and only lawyer that has been ethical and professionally serious about this case."Adrian, Thanks, you’re doing a great job and you’re the best and only lawyer that has been ethical and professionally serious about this case. You have great communication skills as well. Thank you.- L.A.
-
"I appreciate all your help with my case and your professionalism"Hi Michele, I appreciate all your help with my case and your professionalism. Jeff and Esther were extremely helpful, especially considering the difficult circumstances.- S.J.
-
"Thank you for your time, kindness and help."Mr. Trinkler, Just want to say thank you for your time, kindness and help.- G.W.
-
"Michele, Thank you. This speaks to the excellent work Mr. Thomas & yourself have done."Michele, Thank you. This speaks to the excellent work Mr. Thomas & yourself have done.
-
"Thank you for all you have done."Hi Ryan, Thank you for all you have done. Truly feeling relief and a release, being free from lawsuit. Just wanted to tell you how much I depended on you, and appreciate all you have done.- E.D.
Meet Our Distinguished Team
A Confident, Zealous, and Aggressive Law Firm Committed to You