Will Attorney in Florida

Legal 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 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 is not right? Contact our Florida will attorney at Adrian Philip Thomas, P.A. now.

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.

How Long Do I Have to Contest a Will in Florida?

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.

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.

We help by providing the following and more:

• Broad representation: We represent beneficiaries, heirs, personal representatives, and other interested parties.
• Comprehensive services: We handle matters such as challenges to the validity of a will, disputes about how a will is interpreted, and claims that a fiduciary has mishandled estate assets. 
• Personalized guidance: We listen closely to your story, identify the legal issues, and explain where Florida law may give you options.

Our team is committed to providing clear, practical advice during what is often a difficult time. When you speak with a Florida will dispute attorney at our firm, you can expect an honest assessment of your case, your options, and the steps that may be available moving forward.

Why Families Choose Adrian Philip Thomas, P.A. for Will Litigation

When the outcome of a will dispute could shape your financial future and your family’s history, the attorney you choose matters. 

Choose us for our:

• Focused experience: At Adrian Philip Thomas, P.A., probate, trust, and estate litigation have been the focus of our work since 2002. 
• Extensive client representation: We have represented more than 5,000 clients in estate-related disputes.
• Proven results: Our firm has secured over $230 million in verdicts and settlements for clients in probate, trust, and estate cases. 
• Recognized leadership: Founding partner Adrian P. Thomas holds an AV rating from Martindale Hubbell, a 10-Superb rating from Avvo, and 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. 
• Diverse legal backgrounds: Our team brings together attorneys with backgrounds in estate planning, uncontested probate matters, litigation, and law enforcement. 

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. 

Common issues include:

• Sudden changes: 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.
• Undue influence: Someone in a position of trust or control manipulates or pressures the person into signing a will that benefits the influencer. 
• Challenges to will validity: Allegations of fraud, duress, improper execution, or the existence of a later will can also come into play.
• Conflicting documents: 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. 
• Personal representative misconduct: Personal representatives may be accused of favoring some beneficiaries over others, failing to provide information, or mishandling estate property. 

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. 

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.

When you are questioning a will in this state, practical steps can help you protect yourself:

• Gather key documents: This includes the most recent will, any earlier versions, medical records, notes about your loved one's mental and physical health when the will was signed, and written communications that could show relationship changes or unusual pressure from others.
• Avoid quick agreements: Do not sign waivers, receipts, settlements, or any legal documents related to the estate.  
• Note important events: Write down 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. 
• Speak with a legal professional: 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. 

Florida Probate Courts & Local Considerations

Will disputes in Florida are typically handled through the probate division of the state's 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.

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.

Frequently Asked Questions

What Are Signs That a Will Was the Result of Undue Influence?

Some common red flags include isolation from family, 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. 

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. We are accustomed to coordinating by phone, video, and email to make the process as manageable as possible.

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 If I Am the Personal Representative & Someone Is Attacking the Will?

If a will contest is filed, it is important to understand your duties as a personal representative and respond appropriately. Our firm has represented 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. 

What Should I Bring to My First Meeting with Your Team?

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. Notes about relevant events, health changes, or concerns can also be helpful. If you do not have everything, we can still discuss your situation and explain what information may be useful moving forward.

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. 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. 

Call (954) 764-7273 now to schedule your free consultation with our team. Our Florida will lawyer can support you.