Estate Disputes in Florida

Estate disputes are unfortunately common during the probate process, especially when emotions run high and significant assets are at stake. In Florida, estate disputes can arise for a variety of reasons, often involving the validity of a will, the conduct of a personal representative, or disagreements among beneficiaries. These disagreements typically involve the validity of a will, the administration of an estate, or the rights of beneficiaries. Understanding the common causes and the legal processes involved can be helpful for those facing such situations. Below are the most common causes of estate disputes in Florida, the legal procedures involved, and the options available to resolve them.

Common Causes of Estate Disputes in Florida

1. Will Contests
   One of the most frequent sources of estate litigation is a challenge to the validity of the deceased person’s will. Under Florida law, a will can be contested on several grounds:
   • Lack of testamentary capacity: The person signing the will (testator) must understand the nature of their assets and the effect of the will at the time it was executed.
   • Undue influence: If someone exerted excessive pressure on the testator, the will may be declared invalid.
   • Improper execution: Florida law requires strict compliance with formalities (e.g., signed by the testator and two witnesses).
   • Fraud or forgery: If the will was forged or the testator was misled, it may be challenged.

2. Disputes Over Intestate Succession
   When someone dies without a valid will (intestate), Florida statutes determine how their assets are distributed. Disputes may arise among family members, especially in blended families or when distant relatives stake a claim.
3. Breach of Fiduciary Duty by Personal Representatives
   The personal representative (executor) of the estate has a legal obligation to act in the best interests of the beneficiaries. A breach of this duty can lead to disputes. Examples include:
   • Mismanagement of Assets: Failing to properly manage or protect the estate’s assets, leading to financial loss.  
   • Self-Dealing: Using estate assets for personal gain or engaging in transactions where they have a conflict of interest.  
   • Failure to Account: Not providing a proper accounting of the estate’s income, expenses, and distributions to the beneficiaries.
   • Unreasonable Delays: Protracted delays in administering the estate without valid reasons.

4. Ambiguous or Conflicting Estate Documents
   Confusion caused by unclear terms in the will or conflicts among multiple documents (e.g., wills, trusts, or beneficiary designations) can result in litigation.
5. Claims by Disinherited or Omitted Heirs
   Heirs who were left out of a will—either intentionally or unintentionally—may contest the estate, particularly spouses or children who believe they are entitled to a portion.
6. Disagreements Regarding Homestead Property: Florida’s homestead laws can create complexities in estate administration, particularly regarding the transfer of the primary residence. The Florida Constitution provides certain protections to homestead property from creditors and restricts its devise under certain circumstances. Disputes can arise over whether a property qualifies as homestead and who is entitled to it.

Legal Process for Estate Disputes in Florida

Estate disputes in Florida are typically resolved through the probate court system. The process can involve several stages:

1. Filing a Petition: The party initiating the dispute will file a petition with the probate court, outlining the grounds for their claim.  
2. Notice and Service: All interested parties will be notified of the petition and given an opportunity to respond.
3. Discovery: Both sides may engage in discovery, which involves gathering information through interrogatories (written questions), requests for production of documents, and depositions (oral examinations under oath).  
4. Mediation: The court may order a process where a neutral third party helps facilitate settlement negotiations, or the parties may agree to participate in mediation.
5. Hearings and Trials: If a settlement cannot be reached, the case may proceed to a hearing or trial before a probate judge, who will make a final determination based on the evidence presented and Florida law.  

Statute of Limitations in Florida Estate Litigation

The timing of legal action is critical. In Florida:

• A will contest must typically be filed within 90 days of receiving the Notice of Administration, or 20 days if formal notice is received before probate is opened.
• Other deadlines vary depending on the type of claim, so consulting with an attorney early is important.

Importance of Legal Counsel

Navigating estate disputes in Florida can be challenging due to the intricate legal procedures and the emotional nature of these cases. It is highly advisable to seek legal counsel from an experienced Florida probate litigation attorney if you are involved in or anticipate an estate dispute. An attorney can:

• Evaluate the merits of your claim or defense.
• Gather and present evidence effectively.
• Negotiate with opposing parties.
• Represent your interests in court proceedings.
• Ensure your rights are protected throughout the process.

Estate disputes in Florida can arise from various circumstances, often involving challenges to the validity of a will, allegations of misconduct by the personal representative, or disagreements over the interpretation of estate documents and homestead laws. Understanding the common causes and the legal processes involved is crucial. Whether you’re a personal representative, beneficiary, or concerned family member, early legal advice and careful planning are key to navigating estate matters in Florida’s probate system. Seeking legal advice promptly is essential to protect your rights and navigate these complex situations effectively within the Florida legal framework.

If you’re involved in a complicated estate dispute in Florida, contact the estate litigation attorneys at Johns Law Group for a free consultation.