Wills and Trusts Attorney in Florida

Compassionate Guidance When A Florida Will Or Trust Becomes A Dispute

When a loved one dies, questions about a will or trust can turn grief into confusion and conflict. You may suspect that someone took advantage of your relative, worry that a trustee is mishandling funds, or suddenly find yourself named as a personal representative and unsure what to do next. In these moments, having a wills and trusts attorney Florida clients can turn to for clear guidance becomes critical.

At Adrian Philip Thomas, P.A., we focus our practice on Florida probate, trust, and estate disputes. Since 2002, our attorneys have represented more than 5,000 clients and have obtained over $230 million in verdicts and settlements in estate-related matters. We work to protect the intentions of the person who passed away and to safeguard the rights of beneficiaries, heirs, trustees, and personal representatives across the state.

Will or Trust going sideways?. Contact our Florida wills and trusts attorney at Adrian Philip Thomas, P.A. now.

Why Families Turn To Our Wills & Trusts Lawyers In Florida

When a will or trust dispute arises, most people have never been through anything like it. They often search for a firm that has truly seen the full range of Florida probate and trust conflicts and that understands both the law and the emotional strain. Our team offers that combination of legal depth, practical experience, and steady support.

Since 2002, we have represented thousands of clients in estate-related disputes that involve everything from straightforward will contests to multi-party trust litigation. Handling more than 5,000 of these matters has given us insight into recurring patterns, such as last-minute will changes, caregiver influence, and prolonged battles over trust distributions. That history helps us anticipate challenges so we can plan strategically with you from the start.

Our founding attorney holds an AV rating from Martindale Hubbell and a 10 Superb rating from Avvo, and has been recognized among Florida's Legal Elite and honored by Forbes Florida and American Lawyer. These independent ratings and recognitions reflect our commitment to professional standards and client service. We are based in Fort Lauderdale and frequently work in the probate divisions of Broward, Miami-Dade, and Palm Beach County circuit courts, as well as in many other counties across the state.

We know that no two cases are alike. Some clients want to challenge a document they believe is invalid, while others need protection after being accused of mishandling an estate or trust. Our goal is to understand what matters most to you, then tailor our advice and approach to your priorities while keeping you informed at every step.

Common Florida Will & Trust Disputes We Handle

Recognizing your situation in what we describe can be the first sign that you are not alone and that your concerns are legitimate. We regularly assist clients throughout Florida in disputes involving both wills and trusts, and we see certain issues arise again and again.

Will Disputes We Often See

On the will side, cases often involve allegations of undue influence, where someone close to the decedent is believed to have pressured them into changing their will. We also see challenges based on a lack of capacity, for example, when dementia or serious illness may have affected the person's ability to understand what they were signing. Other disputes involve conflicting documents, missing pages, or questions about whether the formal signing requirements under Florida law were met.

Common Trust Conflicts

Trust conflicts can be just as complex. Beneficiaries may suspect that a trustee is mismanaging assets, failing to provide required information, or using trust property for personal benefit. We handle matters that involve breach of fiduciary duty, disputed accountings, disagreements about how trust language should be interpreted, and conflicts over discretionary distributions. These cases frequently require a careful review of the trust instrument, financial records, and the trustee's conduct.

Many of our cases touch on concerns about the exploitation of the elderly or vulnerable adults. Our attorneys bring together backgrounds in estate planning, uncontested probate, law enforcement work, and civil litigation, which can be important for uncovering patterns of financial abuse and for presenting those facts clearly in court. Whether you are a beneficiary who believes a loved one was taken advantage of or a fiduciary who needs to defend appropriate decisions, we work to ensure your side of the story is heard.

What To Do If You Suspect A Problem With A Will Or Trust In Florida

Discovering something that does not look right in a will or trust can be unsettling, especially while you are grieving. Taking careful steps early can make a meaningful difference in how your situation unfolds. Although each case is unique, there are practical actions that often help protect your rights.

Preserve Documents And Information

First, gather and preserve relevant documents. This may include any versions of the will or trust you can access, amendments, handwritten notes, and correspondence that relates to changes in the estate plan. If you have concerns about specific transactions or distributions, copies of bank statements, deeds, or account records can also be important. Keeping these materials organized can help an attorney evaluate the matter efficiently.

Avoid Rushed Agreements

Second, avoid making quick agreements or signing legal documents without advice. Sometimes, family members or others may propose solutions that involve waiving rights, agreeing not to contest a document, or accepting a distribution that feels inconsistent with what you were told in the past. Because Florida probate and trust law includes strict rules about waivers and consents, what seems like a minor signature can have serious consequences. It is often safer to pause and seek guidance before committing to anything in writing.

Document Your Concerns

Third, try to document your concerns calmly and specifically. If you suspect undue influence or lack of capacity, write down particular conversations, behavioral changes, or medical information that raised red flags. If you believe a trustee or personal representative is mishandling funds, make note of missing information, delayed accountings, or questionable expenses. Detailed notes can help clarify the timeline and support your position later.

Speak With A Lawyer Early

Finally, consider speaking with a wills and trusts lawyer Florida residents rely on sooner rather than later. Florida law sets firm deadlines for raising objections to wills, contesting certain trust actions, and objecting to fiduciary accountings. Waiting too long can close doors. A consultation can give you a clearer picture of your options and the timeframes that apply to your situation.

How Our Florida Team Navigates Will Contests & Trust Litigation

Once you contact our firm, our goal is to move you from uncertainty to a structured plan. We begin by listening to your story and reviewing the documents you have. From there, we can outline the potential legal paths and help you weigh which approach aligns with your goals and risk tolerance.

Evaluating Your Case

In a typical will contest, the early stages involve confirming which version of the will is being offered to the court, assessing whether the legal requirements for execution were likely followed, and evaluating possible grounds such as undue influence or lack of capacity. We may seek medical records, gather information about the decedent's condition and relationships, and review financial activity around the time of any changes. Similar investigative steps occur in trust disputes, where we focus on the trustee's conduct, the trust terms, and any gaps in communication or reporting.

Negotiation, Mediation & Litigation

Not every case needs to go all the way through a trial. We strive to resolve disputes efficiently through negotiation or mediation when that can achieve a fair result. These processes can allow families to reach agreements that preserve more of the estate and reduce long-term conflict. When fair resolution is not possible, we are prepared to litigate in circuit court probate and civil divisions throughout Florida, including in Broward, Miami-Dade, and Palm Beach counties.

Throughout the process, we place a strong emphasis on communication. Our attorneys explain what each stage means, what filings are being made, and what to expect at hearings. We discuss the strengths and weaknesses of your position openly so your decisions are informed rather than rushed or driven purely by emotion. Our experience with both prosecuting and defending estate-related claims allows us to anticipate how the other side may respond and to adjust strategy accordingly.

Florida Probate & Trust Rules That May Affect Your Case

Florida has its own set of statutes and court rules that govern probate and trust disputes. These laws determine where cases are filed, who has standing to bring a challenge, and how quickly objections must be raised. Understanding these rules in a general way can help explain why timing and procedure matter so much.

Where Cases Are Typically Filed

Most probate matters related to wills are handled in the circuit court for the county where the decedent resided, often in a dedicated probate division. For example, contested wills involving residents of Fort Lauderdale typically proceed in the probate division of the Broward County Circuit Court. Similar divisions exist in the Miami-Dade County Circuit Court and the Palm Beach County Circuit Court, each with its own local administrative practices that can influence scheduling and case management.

Deadlines & Procedures

Trust disputes may be brought in circuit court as well, sometimes in the county where the trustee resides, where the trust is administered, or where property is located. Florida law also sets specific periods for beneficiaries to object to accountings or to challenge certain actions by a trustee or personal representative. These periods can be short, and they often begin when particular notices or accountings are received, rather than from the date of death.

Because these procedural rules can be complex, we walk clients through them step by step. We explain which court is likely to hear the matter, what types of petitions or responses may be required, and how hearings typically proceed. Our familiarity with Florida probate courts helps us prepare you for what is ahead so that you feel less in the dark about where your case stands.

Why Acting Now Can Protect Your Rights & Your Family

It is natural to hesitate before taking legal action that could affect family relationships. Many people hope that tensions will ease on their own or that misunderstandings will resolve without court involvement. At the same time, waiting too long can limit your legal options in a will or trust dispute and can allow problems to deepen.

From a legal perspective, Florida imposes deadlines on challenges to wills, objections to accountings, and claims against fiduciaries. Evidence can also become harder to gather over time. Memories fade, documents go missing, and financial records can be more difficult to obtain. Taking early steps to understand your rights does not commit you to a particular path, but it can help preserve choices that might otherwise disappear.

From a family perspective, seeking advice early can sometimes prevent a disagreement from turning into an entrenched conflict. Having clear, informed guidance may reduce the risk of emotional confrontations or one-sided decisions that increase resentment. We strive to balance firm advocacy for your legal position with sensitivity to the relationships involved and with respect for the decedent's intentions.

If you are unsure whether you even have a viable claim or defense, a free initial consultation can provide clarity. We can help you understand the range of potential outcomes and the factors that tend to influence those outcomes in Florida probate and trust disputes. With that information, you can decide whether and how to move forward in a way that feels right to you.

Frequently Asked Questions

Can I Challenge A Will In Florida If I Think It Is Unfair?

In Florida, you may be able to challenge a will if you have legal standing and valid grounds, but feeling that a will is unfair on its own is usually not enough. Standing generally means that you are a beneficiary under the will, would inherit under a prior will, or would inherit if there were no will at all. Common grounds for a challenge include lack of mental capacity, undue influence, fraud, or failure to follow required signing formalities. Our attorneys review your relationship to the decedent, the documents involved, and the surrounding circumstances to assess whether a Florida court is likely to consider your challenge. During a consultation, we can explain how similar cases have been handled and what steps would be required in your situation.

How Quickly Do I Need To Act If I Suspect A Problem With A Trust?

It is important to act promptly if you suspect a problem with a trust, because Florida law sets specific time limits for raising objections. For example, there may be defined periods to contest a trustee's accounting or to object to certain trust transactions after you receive notice. The exact deadlines depend on the type of notice you received, the trust terms, and the nature of your claim. Waiting can reduce your options or even bar certain challenges entirely. 

What Will Our First Meeting With Your Firm Look Like?

Your first meeting with us is designed to give you clarity, not pressure. We start by listening to your concerns and asking questions about your relationship with the decedent, the history of the will or trust, and what has happened so far in the probate or trust administration. If you have documents, such as copies of the will, trust, or court filings, we look at those with you and explain what they mean in practical terms. We then outline possible legal paths, discuss potential risks and benefits, and talk about how our representation typically works in cases like yours. By the end of the consultation, our goal is for you to have a clearer sense of your rights, options, and the likely scope of any future work.

Can You Help If I Am A Trustee Being Accused Of Mismanaging A Trust?

Yes, we represent trustees and personal representatives who are facing accusations of mismanagement or breach of fiduciary duty. Being responsible for another person's assets carries serious obligations, and even well-intentioned decisions can sometimes be misunderstood by beneficiaries. In these situations, we review the trust instrument, your actions, the communications you have had with beneficiaries, and any accountings that have been provided. We then work with you to respond to allegations, clarify your duties, and, where appropriate, correct or improve administrative practices. Our experience handling fiduciary disputes from both sides helps us anticipate arguments that may be made against you and develop a response that is grounded in Florida law and the specific language of the trust.

How Do Your Attorneys Approach Family Conflict In Will & Trust Disputes?

We recognize that will and trust disputes are rarely only about money. They often involve long-standing family dynamics, grief, and questions about whether a loved one's true wishes are being honored. Our attorneys approach these matters with both firmness and care. We advocate strongly for your legal position, but we also look for ways to resolve disputes that minimize unnecessary damage to relationships when that is possible. This can include exploring mediation, structuring communication through counsel to reduce emotional confrontations, and helping clients focus on what outcomes matter most to them. Our experience in many family-driven disputes across Florida informs how we counsel you about when to push forward and when a negotiated solution may better serve your long term interests.

What Information Should I Bring When I Contact Your Office?

Bringing key documents and information to our first conversation can make the time more productive, although we can still start even if you do not have everything yet. Helpful materials often include copies of any wills, trusts, codicils, amendments, or beneficiary designations that you possess. Court papers related to the probate, such as petitions or orders, and any accountings or financial statements you have received from a personal representative or trustee can also be important. A simple written timeline of key events, including when documents were signed and when disputes began, is often very useful. If gathering these items feels overwhelming, we can walk you through what is most urgent and help you prioritize.

Do You Handle Cases In Counties Outside Of South Florida?

Yes, although our office is in Fort Lauderdale and we frequently appear in the probate divisions of Broward, Miami-Dade, and Palm Beach County, we handle will and trust disputes in many other parts of Florida as well. The appropriate court usually depends on where the decedent lived, where the trust is administered, or where the property is located. We routinely review cases from across the state and can advise you whether we are well-positioned to assist in your specific county. If you are unsure which court is involved or where a case should be filed, we can help you sort that out during your consultation.

Talk With Our Florida Wills & Trusts Lawyers

If you are facing a conflict over a loved one's will or trust, you do not have to sort through Florida's probate and trust rules on your own. Our attorneys at Adrian Philip Thomas, P.A. have guided more than 5,000 clients through estate-related disputes since 2002 and have obtained over $230 million in verdicts and settlements in this area of law. We work to protect your rights, clarify your options, and pursue fair outcomes that respect both the law and the decedent's intentions.

When you reach out, you can expect a free initial consultation focused on understanding your situation and answering your questions. We will review any documents you have, talk through possible strategies, and explain how representation would work if you decide to move forward. There is no obligation to proceed after that conversation, and our goal is that you leave with more clarity than you had before you called.

To discuss your situation with our team, call (954) 764-7273 or contact us online to schedule your free consultation.