Boca Raton Probate Litigation Attorney For Disputed Wills

Key Points:

Probate litigation involves formal court disputes over a will, trust, or estate.
Common issues include undue influence, lack of capacity, or breaches by a personal representative.
A Boca Raton probate litigation attorney can file or defend lawsuits to protect your rightful share.
Timing matters, Florida law imposes strict deadlines on will and trust contests.

Probate isn’t always peaceful. When money, property, or family relationships are at stake, tensions can boil over, especially after the death of a loved one. If you suspect a will was manipulated, a trustee is withholding funds, or someone took advantage of your parent during their final years, you may need legal action. A Boca Raton probate attorney helps you assert your rights and resolve disputes through Florida’s court system.

This process can be emotionally charged, but it’s not one you have to navigate alone. Whether you’re challenging suspicious estate documents or defending your role as executor, we help you take the right steps to protect your interests.

Table Of Contents

Key Points On Probate Litigation In Florida

Probate litigation is a lawsuit that arises during the administration of someone’s estate. It’s not the routine process of filing documents and paying off debts, it’s what happens when there’s a dispute: a contested will, a missing trust, or a personal representative accused of wrongdoing.

These disputes are handled in probate court, and they may involve:

Claims of undue influence.
Disagreements over the decedent’s mental capacity.
Allegations of fraud or forgery.
Petitions to remove or replace a personal representative or trustee.
Disputes over inheritance rights or disinherited family members.

Real Case Example: Sibling Dispute Over Last-Minute Will

Two siblings from Boca Raton were stunned when their father’s new will, signed just a week before his death, left everything to a much younger girlfriend. The original will had divided the estate equally. With help from probate counsel, they challenged the new will on the grounds of diminished capacity and undue influence. The court later reinstated the original plan after testimony and medical records confirmed their father was not mentally sound.

Common Reasons For Probate Disputes In Boca Raton

Families in South Florida face probate litigation for a wide range of reasons. Whether you’re contesting a document or defending one, here are some of the most common causes of legal conflict:

Undue Influence

Occurs when someone pressures the decedent into changing a will or trust to benefit them unfairly, often a caregiver, new spouse, or adult child.

Lack Of Testamentary Capacity

If the person who signed the will didn’t fully understand what they were doing (due to dementia, illness, or cognitive decline) the will can be challenged.

Forgery Or Fraud

This includes fake signatures, missing witnesses, or fraudulent amendments.

Breach Of Fiduciary Duty

A personal representative or trustee may mismanage estate funds, fail to disclose information, or improperly distribute assets.

Ambiguities Or Missing Documents

Disputes can arise when multiple documents exist, signatures are missing, or terms are vague, leading to multiple interpretations.

Disinherited Spouses Or Children

Florida’s elective share laws protect spouses from being entirely cut out, and children may contest if they suspect foul play or manipulation.

Seek Legal Guidance Early

Probate disputes in Florida often stem from deep emotional wounds, family tension, or suspicions of wrongdoing. These can quickly escalate into legal battles.

Florida law offers remedies to ensure that a loved one’s final wishes are honored fairly. If you recognize any of these red flags in your family’s situation, don’t wait. The sooner you seek legal guidance, the more options you have to protect your inheritance and bring clarity to a complex, often contentious process.

Signs That You May Need To Challenge A Will

It’s not always obvious when legal action is necessary. Look for these warning signs:

The will was changed shortly before death.
A previously named heir was removed without explanation.
The decedent was isolated from family or had late-stage dementia.
The person who benefited most also helped prepare the document.
Pages appear missing, altered, or unsigned.
There’s no self-proving affidavit or required witness signatures.

If any of these red flags exist, a Boca Raton probate litigation law firm can help you review the documents, investigate the circumstances, and decide whether to move forward.

How Probate Litigation Works In Florida Courts

Probate litigation in Florida follows a structured legal process, governed by both the Florida Probate Code and local court rules. Unlike routine estate administration, probate litigation is adversarial, it involves formal disputes that must be resolved by a judge, often after discovery, hearings, and sometimes trial. Whether you’re filing a challenge or defending an estate, it’s critical to understand how the process unfolds so you can be prepared for what lies ahead.

Stage	What Happens
1. Pre-Litigation Review	Attorney reviews the will, trust, or estate records. Red flags (e.g., late changes, unusual beneficiaries) are examined. Medical records and capacity evidence may be gathered.
2. Filing the Petition or Complaint	A formal petition is filed in probate court. This might be a will contest, an objection to accounting, or a motion to remove a fiduciary.
3. Serving Parties	All interested parties (heirs, beneficiaries, trustees) must be formally served. The court requires proof of service before the case moves forward.
4. Discovery Phase	Each side exchanges documents and evidence. Includes: subpoenas, interrogatories, depositions, and expert reports.
5. Mediation or Negotiation	Florida courts often require mediation. Many disputes are settled here through confidential negotiation.
6. Evidentiary Hearing or Trial	If no settlement is reached, the case goes to court. A probate judge hears the evidence, weighs testimony, and issues a binding decision.

Typical Duration & What Impacts Timing

Simple Disputes (e.g., accounting issues): 6–12 months.
Moderate Complexity (e.g., will contest): 12–18 months.
High-Stakes Litigation (e.g., fraud, forgery, or elder exploitation): 18–30 months.

Delays can result from uncooperative parties, document backlogs, or contested discovery.

Probate litigation is not a single event, it’s a series of coordinated legal steps, often lasting months or even years. Working with a Boca Raton probate litigation lawyer helps ensure you handle every stage correctly. From pre-trial preparation to courtroom strategy, you’ll be positioned to protect your interests with clarity and confidence.

Defending Against Probate Claims

If you’re a personal representative, trustee, or beneficiary being accused of wrongdoing, you need a strong legal defense. A probate litigation attorney helps you protect your actions and reputation.

Key Defense Strategies

Prove capacity and formalities: Show that the will or trust was properly executed and the signer understood their decisions.
Show independence: Demonstrate that the decedent made changes voluntarily, with advice from neutral attorneys.
Account transparency: Provide accurate, timely accounting of estate activity.

Even when the allegations are unfounded, delays and accusations can cause emotional strain and financial damage. Legal representation keeps the process on track and protects your fiduciary role.

Frequently Asked Questions About Probate Litigation

How Long Do I Have To Contest A Will In Florida?

Typically 90 days after the Notice of Administration is served. If you weren’t served directly, you may have up to 4 years from the date of death, but shorter deadlines apply if notice was published.

Can A Handwritten Or “Holographic” Will Be Valid?

Only if it complies with Florida’s legal formalities: two disinterested witnesses, signed at the end, and made voluntarily. Most handwritten wills from other states aren’t enforceable here.

What Happens If The Personal Representative Steals From The Estate?

Yes. Florida allows lawsuits based on undue influence, especially if that person was in a position of trust (e.g., caregiver, financial advisor, new spouse).

Can I Sue Someone Who Influenced My Parent’s Will?

It depends. ABLE accounts work well for short-term spending and small gifts. Trusts are better for long-term planning and larger sums.

Who Pays The Legal Fees In Probate Litigation Cases?

Sometimes the estate pays, especially if the claim was brought in good faith. Other times, each side pays their own costs. Courts can award fees based on fairness and outcome.

A Boca Raton Probate Litigation Attorney Is Your Ally

Probate disputes are legal battles, but they’re also deeply personal. Emotions run high. Long-standing tensions can flare up. And the legal issues often involve complex property, tax law, and psychological evidence.

Hiring a Boca Raton probate litigation attorney gives you the advantage of:

Courtroom Experience: Familiarity with the Palm Beach County Probate Division’s procedures, judges, and expectations.
Local Strategy: South Florida has a high volume of second marriages, elderly residents, and blended families, raising the likelihood of conflict.
Access to Experts: We coordinate with handwriting analysts, forensic accountants, geriatric physicians, and other professionals to build your case.
Protecting Family Harmony: When possible, we use mediation to resolve disputes privately, saving family relationships from further harm.

Most importantly, we help you stand up for what’s fair, whether that means reclaiming your rightful inheritance or defending a loved one’s final wishes.

If you’re facing a dispute over a will estate in Boca Raton, we can help you understand your rights and take meaningful action. At Boca Raton Probate Attorneys, we know how sensitive these matters can be and how much is at stake for your family. Schedule a complimentary case evaluation today, and let’s protect your family’s future together.

Are you facing a tough decision about the future?

Reach out now. Our dedicated Boca Raton Probate Attorneys stand ready 24/7 to give you a complimentary, no-pressure case evaluation crafted around your unique goals. CLICK THE BUTTON BELOW or CALL (561) 300-6099 and let’s chart the way forward together

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