Will Attorney in Miami

Estate Litigation Experience Since 2002 for Your Will Dispute

We represent Miami beneficiaries, heirs, executors, trustees, and personal representatives who need to challenge a will, defend one, or address a related probate conflict. You may be grieving, trying to sort out property or accounts, and at the same time wondering whether the will is valid or the probate process is being handled properly under Florida law. Our role is to review the documents and evidence, clarify your options, and help you decide what to do next.

At Adrian Philip Thomas, P.A., we focus our practice on Florida probate, trust, and estate litigation. Our goal is to protect your rights, help you address questions about your loved one’s wishes, and bring clarity to a confusing process.

Questions about a will or probate notice may involve important deadlines. Contact Adrian Philip Thomas, P.A. online or call (954) 764-7273 for a complimentary initial consultation about your rights and available options.

Why Families Choose Our Will Litigation Firm

Since 2002, we have handled more than 5,000 estate-related disputes. Over that time, we have secured over $230 million in verdicts and settlements for our clients. These numbers reflect years of work on cases involving contested wills, disputes among beneficiaries, and claims of breach of fiduciary duty, not just simple uncontested probates.

Our founding partner, Adrian P. Thomas, has earned an “AV” rating from Martindale-Hubbell and a “10-Superb” rating from Avvo. He has also been recognized among Florida’s Legal Elite and honored by Forbes Florida and American Lawyer.

Beyond credentials, families choose us because of how we work with them. We listen carefully to your story and the history behind the will. We explain Florida probate rules and your options in clear language, so you can make informed decisions about whether to contest, defend, or seek a negotiated resolution. Our attorneys understand that disputes involving estates in Miami and across Florida often involve long-standing family dynamics, and we approach those relationships with care while still advocating firmly for your interests.

Although our office is based in Fort Lauderdale, we regularly represent clients in probate matters pending in Miami-Dade County. Our familiarity with the Eleventh Judicial Circuit Court and its Probate Division helps us navigate filings, hearings, and scheduling within the court system.

Common Will Disputes Under Florida Law

Many people first learn about Florida probate when they receive notice that a will is being admitted to the Probate Division of the Eleventh Judicial Circuit Court in Miami-Dade County. It can be difficult to know whether what you’re seeing is a normal part of the process or a sign that something is wrong. A will lawyer can assess the document, the circumstances surrounding its execution, and any conflicts involving the estate’s administration.

Testamentary Capacity

Testamentary capacity means the mental ability to understand that one is making a will, the general nature of the property involved, and the people who would ordinarily be affected. Florida law generally allows an adult or emancipated minor who is of sound mind to make a will. Capacity disputes often arise when a will was signed late in life, after a dementia diagnosis, or during a period of significant cognitive decline.

Medical records can be important, but a diagnosis alone doesn’t automatically establish that a will is invalid. We review health records, witness accounts, communications, and the timing of estate-plan changes to assess what the available evidence shows about the person’s condition when the document was signed.

Undue Influence, Fraud & Duress

Undue influence involves improper pressure that overcomes a person’s independent judgment and affects the terms of a will. Concerns may arise when a caregiver, relative, or advisor isolates a vulnerable person, arranges the preparation or signing of a new document, or receives an unexpected benefit. The legal assessment depends on the relationships, conduct, timing, and evidence in the particular estate.

Other disputes may involve fraud, duress, mistake, suspected elder exploitation, forgery, or tampering. We may represent the person challenging the document or a beneficiary, fiduciary, or other interested party defending the will and the probate position.

Will Execution Formalities & Codicils

Florida will execution formalities generally require a written instrument, the testator’s signature at the end, two attesting witnesses, and signatures made according to statutory presence requirements. Questions can arise about the number or presence of witnesses, the order in which signatures were obtained, or whether the document presented to the court is the final version the person intended.

A codicil is a document that changes or supplements an existing will. Under Florida law, a codicil generally must be executed with the same formalities as a will. We examine the original documents, signature pages, witness information, drafting records, and surrounding circumstances when execution or authenticity is disputed.

Personal Representative & Beneficiary Conflicts

Conflicts can also develop between beneficiaries and the personal representative responsible for administering the estate. These may involve accusations of mismanaging estate assets, failing to provide required information, favoring one heir over another, or violating a fiduciary duty, which is a legal obligation to act properly in carrying out estate responsibilities.

In estates that include property in Miami or other parts of Florida, disputes may concern how real estate is valued, maintained, or sold. Other disagreements can involve beneficiary rights, account information, asset transfers, interpretation of will terms, or the distribution proposed by the personal representative.

What to Do If You Question a Will

If you have concerns about a will that affects an estate in Miami or elsewhere in Florida, act promptly to preserve your options. Acting without legal guidance can limit your ability to contest or defend the will later.

Preserve Documents & Protect Your Position

First, it’s helpful to gather and preserve key documents. These often include the current will, any prior wills you can locate, trust documents, codicils, powers of attorney, deeds for real property in Miami-Dade or other counties, and recent account statements. Keep original documents secure and avoid writing on, marking, or altering them.

You should also be cautious about signing any releases, waivers, or settlement agreements related to the estate before you understand your rights under Florida law. In some cases, accepting certain distributions or signing forms can affect your ability to challenge a will. We can review these documents with you and explain their potential effects.

Review Probate Notices & Deadlines

Pay close attention to any formal notice or documents you receive from the Probate Division of the Eleventh Judicial Circuit Court. Formal notice is the legally prescribed delivery of probate papers that may affect a person’s rights or deadlines. A notice of administration may identify the estate, the will and codicils being offered, the personal representative, and the court proceeding.

Under section 733.212 of the Florida Statutes, an interested person served with a notice of administration generally has three months from service to object to the will’s validity, venue, or the court’s jurisdiction. The controlling deadline depends on the documents served, the procedural history, and the person’s role in the estate, so it should be confirmed for the specific matter.

If you’re unsure what to do next, practical first steps include:

• Collect copies of wills, trusts, and related estate planning documents.
• Preserve original wills, codicils, prior drafts, powers of attorney, deeds, and account records.
• Make a list of known assets, including property in Miami and other locations.
• Write down a timeline of hospitalizations, changes in caregivers, asset transfers, and sudden will changes.
• Save emails, letters, text messages, and voicemails that may show pressure, isolation, or financial control.
• Avoid confronting witnesses or other family members before obtaining legal guidance.

For Miami-Dade probate matters, original wills and original codicils are among the documents the Eleventh Judicial Circuit identifies as requiring physical filing with the Probate Clerk. When you reach out to Adrian Philip Thomas, P.A., we review the facts with you, examine available documents, and explain the range of options. That may mean pursuing a will contest, defending a will or personal representative’s actions, or seeking a negotiated resolution.

How We Handle Miami Will Disputes

Will and probate disputes are rarely just about documents. They usually involve long family histories, changing relationships, and decisions made under stress or illness. Our attorneys work to understand both the legal issues and the human story behind each case, whether the estate is centered in Miami-Dade County or elsewhere in Florida.

Reviewing Records & Defining Goals

When you contact us, we begin by reviewing the will, any trusts, and the filings in the relevant Florida probate court. For proceedings in Miami, we examine the docket in the Eleventh Judicial Circuit Court Probate Division and identify upcoming deadlines or hearings. We also evaluate medical records, financial histories, witness information, prior estate-planning documents, and available court materials as appropriate.

From there, we identify the key legal questions. These may involve alleged undue influence, lack of capacity, fraud, improper execution, or breach of fiduciary duty by a personal representative or trustee. We discuss your goals, such as setting aside a will, defending it against attack, addressing suspected exploitation, or resolving disagreements over asset distribution.

Negotiation, Mediation & Litigation

Our attorneys work to develop a strategy tailored to those goals. In many cases, we seek negotiated resolutions that can reduce cost, time, and emotional strain. Mediation, a structured negotiation led by a neutral third party, may give beneficiaries and fiduciaries an opportunity to resolve disputed issues without a trial.

At the same time, we prepare for litigation in case negotiations aren’t successful. Depending on the issues and posture of the case, proceedings may involve pleadings, document requests, depositions, witness testimony, evidentiary hearings, mediation, or trial. Our backgrounds in estate planning, uncontested probate work, law enforcement, and courtroom litigation can be particularly important in matters involving suspected elder exploitation or complex financial patterns.

Communication Throughout the Case

Throughout the case, we focus on clear communication. We explain what’s happening in the probate process, what each court filing means, and what to expect at hearings or mediation sessions. We keep you informed about your options and potential next steps so you can participate in decisions rather than feel that the process is happening to you.

Frequently Asked Questions

Can I Challenge a Will in Florida?

You may be able to challenge a will if you have a legal interest in the estate and evidence of a defect or misconduct, such as lack of testamentary capacity, undue influence, fraud, forgery, or improper execution. Whether you can proceed depends on your relationship to the estate, the available evidence, and the applicable probate deadlines.

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

Deadlines are often short. An interested person served with a notice of administration generally has three months from service to object to the will’s validity, venue, or jurisdiction under Florida law. Other deadlines may apply depending on the proceeding and documents served. Contact us promptly so we can determine which deadline applies to your circumstances.

What Happens During the Free Initial Consultation With Your Firm?

During a complimentary consultation, we listen to your concerns, review available documents, and ask questions about the will, probate filings, and family history. We then outline possible legal options and discuss relevant Florida probate procedures. You can use this conversation to understand your position before deciding how to move forward.

Can Your Team Help If My Family Lives Outside Florida?

Yes. We frequently represent beneficiaries, heirs, and fiduciaries who live in other states but are involved in a Florida estate, including cases filed in Miami-Dade County. We handle filings and court appearances in Florida, and we coordinate with you by phone, email, or video to facilitate communication despite distance.

Will Going to Court Over a Will Destroy My Family Relationships?

Any dispute can affect family relationships, but how it’s handled matters. We strive to resolve will and probate conflicts through clear communication, negotiation, or mediation when appropriate. If litigation becomes necessary, we keep the legal strategy focused on the evidence, Florida law, and the issues affecting the estate.

Discuss Your Will Concerns With Our Attorneys

If you’re facing questions about a will, probate filing, or inheritance tied to an estate in Miami or elsewhere in Florida, speaking with our attorneys can help you understand where you stand, what Florida law permits, and which steps may protect your interests. Don’t delay if you’ve received a notice of administration or another probate filing that may trigger a deadline.

At Adrian Philip Thomas, P.A., we provide focused representation in probate, trust, and estate litigation while addressing the legal and family concerns behind each dispute. Your initial consultation is complimentary, allowing you to discuss your situation with a will attorney before deciding how to proceed.

Call (954) 764-7273 to schedule your free cnsultation today.