Protecting Beneficiaries, Personal Representatives, Trustees, and Estates Throughout Northeast Florida

When probate disputes arise, families often need more than guidance—they need experienced courtroom advocates. At St. Johns Law Group, our probate litigation attorneys represent beneficiaries, heirs, Personal Representatives, trustees, surviving spouses, and fiduciaries in contested estate and trust matters throughout Northeast Florida. Whether a dispute involves a challenged will, allegations of undue influence, fiduciary misconduct, or trust administration, our litigation team is prepared to protect your interests through negotiation, mediation, and trial when necessary.  We have 14 attorneys and 300+ years of combined experience.

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Unlike firms that focus solely on probate administration, our attorneys have extensive experience in complex civil litigation and jury trials, giving clients the advantage of a team that understands both probate law and courtroom strategy. We prepare every contested probate matter as though it may ultimately be decided in court, while always pursuing practical opportunities for resolution.

Why Probate Litigation Happens

Most estates are administered without significant conflict. However, disputes frequently arise when family members disagree about:

• The validity of a will
• The interpretation of trust provisions
• Distribution of estate assets
• Actions of a Personal Representative
• Financial accounting
• Management of estate property
• Gifts made before death
• Fiduciary duties
• Ownership of real estate or business interests

These disagreements often involve significant financial and emotional stakes. Prompt legal advice can help preserve evidence, protect assets, and avoid unnecessary delays.

Our Probate Litigation Services

Will Contests

Florida law permits interested persons to challenge a will under certain circumstances. A successful challenge may result in the will being declared invalid or certain provisions being set aside.

We represent clients in disputes involving:

• Improper execution
• Fraud
• Forgery
• Revocation
• Later-discovered wills
• Lost or destroyed wills
• Interpretation disputes
• Multiple competing wills

Whether you are seeking to defend a will or contest its validity, we work to protect your legal rights and the decedent’s intent.

Undue Influence Claims

One of the most common probate disputes involves allegations that another person improperly influenced the decedent to change a will or trust.

These cases often involve:

• Caregivers
• Family members
• Neighbors
• Financial advisors
• Individuals with confidential relationships
• Sudden changes to estate plans
• Isolation of elderly individuals
• Transfers shortly before death

Undue influence claims often require detailed analysis of medical records, witness testimony, financial records, and estate planning documents.

Lack of Testamentary Capacity

A valid will generally requires that the testator possess the legal capacity to understand:

• The nature of making a will
• The property being distributed
• The natural objects of their bounty
• The effect of the estate plan

Capacity disputes frequently involve:

• Dementia
• Alzheimer’s disease
• Cognitive decline
• Medication effects
• Mental illness
• Neurological disorders

Our attorneys work with medical experts and review healthcare records to evaluate these claims.

Fiduciary Litigation

Personal Representatives and trustees owe fiduciary duties to beneficiaries and the estate.

We represent clients in disputes involving allegations of:

• Self-dealing
• Mismanagement
• Waste of estate assets
• Failure to follow court orders
• Improper distributions
• Conflicts of interest
• Failure to communicate
• Breach of fiduciary duty

We also defend fiduciaries accused of misconduct when they have acted appropriately under Florida law.

Estate Accounting Disputes

Beneficiaries often have questions regarding:

• Estate expenses
• Attorney’s fees
• Fiduciary compensation
• Asset valuations
• Property sales
• Investment decisions
• Cash distributions
• Missing assets

We represent both beneficiaries requesting complete accountings and Personal Representatives responding to accounting objections.

Removal of Personal Representatives

In some situations, removal of a Personal Representative may be appropriate.

Grounds may include:

• Misconduct
• Conflict of interest
• Failure to administer the estate
• Misappropriation of assets
• Incapacity
• Failure to comply with court orders
• Breach of fiduciary duty

Removal proceedings require careful analysis of the governing statutes, court orders, and the specific facts of the administration.

Beneficiary Rights

Beneficiaries have important legal rights throughout estate administration.

We assist beneficiaries regarding:

• Access to information
• Estate accountings
• Distribution delays
• Fiduciary obligations
• Creditor issues
• Asset preservation
• Property management
• Litigation strategy

Our goal is to ensure beneficiaries receive the information and distributions to which they may be legally entitled.

Trust Litigation

Many disputes arise outside probate through revocable and irrevocable trusts.

We represent clients in matters involving:

• Trust contests
• Trustee removal
• Trust interpretation
• Trustee accounting
• Breach of fiduciary duty
• Trust administration disputes
• Beneficiary rights
• Modification and termination proceedings

Because trusts frequently hold substantial assets—including businesses and real estate—these matters often require sophisticated litigation strategies.

Probate Litigation Involving Real Estate

St. Johns Law Group offers a unique advantage because our probate litigators work closely with attorneys experienced in:

• Probate real estate sales
• Commercial real estate
• Title issues
• Quiet title actions
• Easement disputes
• Partition actions
• Boundary disputes
• Development property
• Business ownership interests

This multidisciplinary approach allows us to address disputes involving valuable real estate and closely held businesses without requiring clients to retain multiple law firms.

Probate Litigation Involving Businesses

Many estates include ownership interests in:

• Limited Liability Companies (LLCs)
• Corporations
• Partnerships
• Family businesses
• Professional practices
• Commercial real estate entities

Our attorneys handle disputes involving:

• Business valuation
• Ownership interests
• Buy-sell agreements
• Operating agreements
• Shareholder rights
• Partnership disputes
• Succession planning conflicts

Trial-Ready Probate Litigators

Although many probate disputes are resolved through negotiation or mediation, some cases require courtroom advocacy.

Our litigation team has extensive experience handling:

• Complex civil litigation
• Bench trials
• Jury trials (where applicable)
• Evidentiary hearings
• Appeals
• Emergency injunction proceedings
• Temporary restraining orders
• Mediation and settlement negotiations

We prepare every contested probate matter thoroughly, recognizing that effective trial preparation often leads to stronger settlement opportunities.

Why Choose St. Johns Law Group?

Clients choose St. Johns Law Group because our multidisciplinary team provides coordinated legal guidance in:

• Probate Administration
• Estate Administration
• Probate Litigation
• Will Contests
• Trust Litigation
• Guardianships
• Estate Planning
• Business Succession
• Real Estate Transactions
• Title & Closings
• Asset Protection
• Commercial Litigation

With 14 attorneys and more than 300 years of combined legal experience, St. Johns Law Group is equipped to handle both routine and complex estate administrations throughout Northeast Florida.

Frequently Asked Questions

Can I challenge a Florida will after probate has started?

Yes. Depending on the circumstances and applicable deadlines, interested persons may challenge the validity of a will after probate proceedings begin.

What is undue influence?

Undue influence occurs when another person improperly overcomes the free will of the person creating a will or trust, resulting in estate planning documents that do not reflect the person’s true intent.

Can a Personal Representative be removed?

Yes. Florida courts may remove a Personal Representative when statutory grounds exist, such as misconduct, incapacity, conflicts of interest, or failure to properly administer the estate.

Can beneficiaries demand an accounting?

In many situations, beneficiaries have the right to receive information regarding estate administration and may request or object to accountings as provided by Florida law and court procedures.

Are trust disputes handled in probate court?

Not always. Many trust disputes proceed separately from probate administration, although they may involve related facts or parties.

Schedule a Consultation with a Florida Probate Litigation Attorney

Probate disputes can delay estate administration, strain family relationships, and place significant assets at risk. Whether you are contesting a will, defending a Personal Representative, protecting beneficiary rights, or pursuing a trust dispute, experienced legal representation is critical.

St. Johns Law Group represents clients throughout St. Augustine, Ponte Vedra, Nocatee, St. Johns County, Jacksonville, Palm Coast, Flagler County, Clay County, Putnam County, and throughout Northeast Florida.

Contact us today to schedule a confidential consultation with an experienced Florida probate litigation attorney.

 Call us today at (904) 495-0400 or email info@sjlawgroup.com directly.

At St. Johns Law Group, we are committed to delivering the Dedicated & Responsive Service® you can count on.