Probate Does Not Always Go According to Plan

Most Florida probate administrations proceed without major disagreements. Unfortunately, some estates become the center of significant legal disputes involving family members, beneficiaries, Personal Representatives, trustees, creditors, or business partners.

Questions about the validity of a will, the actions of a fiduciary, or the ownership of estate assets can quickly transform a routine probate administration into complex litigation requiring experienced legal counsel.

At St. Johns Law Group, our attorneys represent clients throughout Northeast Florida in contested probate and trust matters. We understand that probate litigation often involves not only substantial financial interests but also deeply personal family relationships. Our goal is to protect our clients’ legal rights while pursuing practical and efficient solutions whenever possible.

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What Is Probate Litigation?

Probate litigation refers to legal disputes arising during the administration of a deceased person’s estate or trust.

Unlike uncontested probate, probate litigation typically requires court hearings, discovery, motion practice, mediation, and, in some cases, trial.

Common probate disputes include:

  • Will contests
  • Trust contests
  • Undue influence claims
  • Lack of testamentary capacity
  • Fiduciary misconduct
  • Beneficiary disputes
  • Estate accounting disputes
  • Removal of a Personal Representative or trustee
  • Ownership disputes involving estate assets
  • Real estate and business succession conflicts

Common Types of Probate Litigation

Will Contests

Not every will accurately reflects a person’s final wishes.

Florida law allows interested persons to challenge a will under certain circumstances, including allegations that:

  • The will was not properly executed.
  • The document was forged or altered.
  • A later will exists.
  • The will was revoked.
  • The person lacked legal capacity.
  • Another individual exercised undue influence.

These cases often require careful review of medical records, estate planning documents, witness testimony, and financial records.

Undue Influence

Undue influence is one of the most frequently litigated probate issues in Florida.

It occurs when someone improperly overcomes another person’s free will, causing that person to execute a will or trust they otherwise would not have signed.

These claims commonly involve:

  • Elderly individuals
  • Caregivers
  • Family members
  • Neighbors
  • Financial advisors
  • Isolated individuals
  • Sudden changes to longstanding estate plans

Successfully litigating or defending these claims requires careful factual investigation and experienced courtroom advocacy.

Lack of Testamentary Capacity

Florida law generally requires a person making a will to understand:

  • The nature of creating a will
  • The property being distributed
  • The persons who would naturally inherit
  • The effect of the estate plan

Medical conditions such as dementia, Alzheimer’s disease, cognitive decline, strokes, or medication-related impairment may become significant issues in these disputes.

Fiduciary Litigation

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

Disputes often arise regarding allegations of:

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

Not every allegation reflects wrongdoing. We also represent fiduciaries who have acted appropriately and need experienced counsel to defend their decisions.

Estate Accounting Disputes

Beneficiaries often have questions regarding:

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

An accurate accounting promotes transparency and helps the court resolve disagreements over estate administration.

Removal of a Personal Representative

A Personal Representative has significant responsibilities during probate.

In some situations, removal may be appropriate when statutory grounds exist, including:

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

These proceedings can significantly affect the administration of the estate and should be handled carefully.

Beneficiary Rights

Beneficiaries have important legal rights throughout probate administration.

These rights may include:

  • Receiving required information
  • Reviewing accountings
  • Protecting inheritances
  • Objecting to improper actions
  • Seeking court intervention when appropriate

Understanding these rights early can help prevent unnecessary disputes and preserve estate assets.

Trust Litigation

Many valuable assets are transferred through trusts rather than probate.

Trust disputes often involve:

  • Trust interpretation
  • Trustee removal
  • Trustee accounting
  • Breach of fiduciary duty
  • Beneficiary rights
  • Trust modification
  • Trust termination
  • Distribution disputes

These matters frequently involve significant financial interests and require experienced legal analysis.

Probate Litigation Frequently Involves Real Estate

Many contested estates include valuable real estate.

Disputes may involve:

  • Homestead property
  • Investment property
  • Commercial real estate
  • Vacation homes
  • Boundary disputes
  • Easement issues
  • Title defects
  • Partition actions
  • Sale of inherited property

Because St. Johns Law Group has extensive experience in both probate and real estate law, our attorneys can address these issues as part of a comprehensive legal strategy.

Business Interests Can Complicate Probate

Family-owned businesses often become one of the most valuable—and disputed—estate assets.

Our attorneys assist clients with disputes involving:

  • LLC ownership
  • Shareholder interests
  • Partnership agreements
  • Business succession
  • Buy-sell agreements
  • Valuation disputes
  • Corporate governance
  • Closely held businesses

Resolving these matters often requires coordination between probate, business, and litigation counsel.

Trial Preparation Matters

Although many probate disputes resolve through negotiation or mediation, every contested case should be prepared thoroughly.

At St. Johns Law Group, our litigation team has substantial experience handling:

  • Evidentiary hearings
  • Probate trials
  • Civil litigation
  • Appeals
  • Emergency injunctions
  • Mediation
  • Settlement negotiations

Preparing a case for trial often places clients in a stronger position to negotiate favorable resolutions.

Protecting Families Through Probate Litigation

Probate litigation can be emotionally challenging, particularly when disputes arise among family members during an already difficult time.

Experienced legal representation helps clients:

  • Protect inheritances
  • Preserve estate assets
  • Resolve disputes efficiently
  • Enforce fiduciary obligations
  • Defend valid estate plans
  • Challenge improper conduct
  • Navigate complex court proceedings

Whether you are a beneficiary, Personal Representative, trustee, or heir, understanding your rights is the first step toward protecting your interests.

Why Choose St. Johns Law Group?

Clients throughout Northeast Florida trust St. Johns Law Group because we provide:

  • Experienced probate litigation attorneys
  • Trial-tested courtroom advocates
  • Comprehensive real estate knowledge
  • Business litigation experience
  • Collaborative multi-attorney representation
  • Practical legal strategies tailored to each estate

More information:

Our team represents clients in St. Augustine, Ponte Vedra, Nocatee, St. Johns County, Jacksonville, Palm Coast, Flagler County, Clay County, Putnam County, and surrounding communities throughout Northeast Florida.

Schedule a Consultation

If you believe a will is invalid, have concerns regarding a Personal Representative or trustee, or are involved in a dispute over an estate or trust, experienced legal guidance can make a meaningful difference.

The probate litigation attorneys at St. Johns Law Group are prepared to evaluate your circumstances, explain your legal options, and advocate for your interests.

Contact St. Johns Law Group today to schedule a confidential probate litigation consultation.