Wills & 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 in Florida 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.

Benefits of choosing us include:

• Experience: Since 2002, we have represented thousands of clients in estate-related disputes that involve everything from straightforward will contests to multi-party trust litigation. 
• Insight: We've handled more than 5,000 of these matters, which has given us insight into recurring patterns, such as last-minute will changes, caregiver influence, and prolonged battles over trust distributions. 
• Recognition: 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. 
• Local knowledge: 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

• Undue influence: A dispute may arise when someone close to the person who created the will is accused of pressuring them into making changes.
• Lack of capacity: A will may be challenged when illness or dementia may have affected the person’s ability to understand their decisions.
• Improper execution: Questions may arise about whether the will was properly signed, witnessed, or created according to Florida law.
• Conflicting documents: Disputes can involve multiple wills, missing pages, unclear language, or disagreements over which document should control.

Common Trust Conflicts

• Trust mismanagement: Beneficiaries may believe a trustee is mismanaging trust assets, failing to provide required information, or is acting for their own benefit.
• Breach of fiduciary duty: A trustee may face claims that they failed to follow their legal obligations or protect beneficiary interests.
• Disputed accountings: Conflicts may occur when beneficiaries question financial records, transactions, or a trustee’s reporting.
• Trust interpretation disputes: Beneficiaries and trustees may disagree about how certain trust provisions should be applied.
• Distribution conflicts: Disputes can arise when beneficiaries challenge decisions involving discretionary trust payments or asset 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:

1. Preserve documents and information: Gather and preserve relevant documents, including wills, trusts, amendments, handwritten notes, correspondence, bank statements, deeds, and account records.
2. Avoid rushed agreements: Do not sign waivers, settlement agreements, or other legal documents without first understanding their impact. In Florida, seemingly simple agreements can affect important rights related to a will or trust dispute.
3. Document your concerns: Keep detailed notes about anything that raises concern, such as unusual changes to estate planning documents, signs of undue influence, questions about mental capacity, missing financial information, delayed accountings, or questionable transactions.
4. Speak with a lawyer early: Florida law imposes strict deadlines for contesting wills, challenging trust actions, and objecting to fiduciary conduct. Consulting a Florida wills and trusts lawyer as soon as possible can help you understand your options and avoid missing important deadlines.

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.

We navigate claims by doing the following and more:

• Evaluating your case: We begin by reviewing your documents, understanding your concerns, and identifying potential legal claims. In will contests, this may involve examining the validity of the will, investigating issues such as undue influence or lack of capacity, and reviewing medical and financial records. In trust disputes, we focus on the trustee’s actions, the trust terms, and any concerns regarding administration or communication.
• Negotiation, mediation, and litigation: Many disputes can be resolved through negotiation or mediation, which may help preserve estate assets and reduce family conflict. When a fair resolution is not possible, we are prepared to pursue litigation in probate and civil courts throughout Florida, including Broward, Miami-Dade, and Palm Beach counties.
• Ongoing communication and strategy: Throughout the process, we keep you informed about important developments, explain legal filings and court proceedings, and provide honest guidance about the strengths and challenges of your case. Our experience handling both sides of estate disputes helps us anticipate opposing arguments and develop effective strategies tailored to your goals.

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 Will & Trust Dispute 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 for Will & Trust Dispute Claims

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.

Reasons to act now include:

• Florida legal deadlines: Florida law imposes strict deadlines for will contests, trust disputes, objections to fiduciary accountings, and other estate-related claims. Waiting too long may limit or eliminate your ability to pursue legal action.
• Preserving evidence: Important evidence can become more difficult to obtain over time. Memories fade, documents may be lost, and financial records can become harder to access as time passes.
• Reducing family conflict: Seeking legal guidance early can sometimes help prevent disagreements from escalating. Clear advice and a better understanding of your rights may reduce misunderstandings and avoid unnecessary disputes among family members.

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. 

How Quickly Do I Need to Act if I Suspect a Problem With a Trust?

You should act as soon as possible because Florida law sets deadlines for many trust disputes. The timeline can depend on the type of notice you received, the trust terms, and the issue involved. Waiting too long may limit your ability to object or pursue certain claims.

What Will Our First Meeting With Your Firm Look Like?

Your first meeting is focused on understanding your situation and helping you identify your options. We will ask about your relationship with the decedent, the history of the will or trust, and any issues that have come up during probate or administration. If you have documents, such as copies of the wills, trusts, or court filings, we will review them and explain what they mean. We will then discuss possible strategies, risks, and next steps.

Can You Help if I Am a Trustee Being Accused of Mismanaging a Trust?

Yes. We represent trustees and personal representatives who are accused of mismanagement or breach of fiduciary duty. We review the trust documents, financial records, communications, and actions taken to understand the situation. From there, we help respond to allegations, clarify your duties, and protect your interests while working toward a practical resolution. Our experience handling fiduciary disputes from both sides helps us anticipate arguments that may be made against you and develop a strong response.

What Information Should I Bring When I Contact Your Office?

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. 

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