Fleming Island Estate Litigation Attorney
Ready to Protect Your Assets & Best Interests
When emotions run high after the loss of a loved one, legal disputes over an estate can become overwhelming. Whether you’re questioning the validity of a will, disputing the actions of an executor, or facing a contested trust, you need an experienced legal advocate to protect your interests. At Owenby Law, P.A., our Fleming Island estate litigation attorney helps families and beneficiaries navigate complex estate disputes with skill, compassion, and professionalism.
We understand that estate litigation involves both legal and personal challenges. Our goal is to resolve disputes efficiently while protecting your rights and preserving family relationships whenever possible.
Contact our firm at (904) 479-2391 to schedule your free consultation.
What is Estate Litigation?
Estate litigation refers to the legal process of resolving disputes that arise during the administration of a deceased person’s estate. When someone passes away, their property, assets, and debts must be managed and distributed according to their will or state law. Unfortunately, disagreements can occur among beneficiaries, heirs, or executors about the validity of estate documents, management of assets, or interpretation of a decedent’s wishes.
An estate litigation attorney represents individuals or entities involved in these disputes, providing guidance, filing court petitions, and advocating for their client’s position throughout the litigation process.
Common areas of estate litigation include:
- Will contests – challenging the validity of a will based on undue influence, fraud, or lack of capacity.
- Trust disputes – conflicts regarding the interpretation, administration, or validity of a trust.
- Executor or trustee misconduct – when fiduciaries fail to carry out their legal duties properly.
- Disputes over asset distribution – disagreements among heirs about how assets are divided.
- Breach of fiduciary duty – when personal representatives act in their own interest rather than for beneficiaries.
At Owenby Law, P.A., we handle all types of estate litigation cases throughout Fleming Island and Clay County with a focus on achieving fair and efficient outcomes.
Common Reasons to Litigate an Estate
While every estate is unique, certain issues arise frequently in estate disputes. Here are some of the most common reasons to pursue estate litigation in Florida:
Contesting a Will
A will contest may occur if someone believes that the document does not accurately reflect the deceased’s true intentions. Common grounds include:
- Lack of testamentary capacity: The decedent was not of sound mind when signing the will.
- Undue influence: Another person coerced or manipulated the testator into changing their will.
- Fraud or forgery: The will was falsified or signed under false pretenses.
- Improper execution: The will did not meet Florida’s legal requirements for validity.
Trust Disputes
Trust litigation can arise when beneficiaries believe that a trustee has mismanaged assets or acted outside their authority. These cases may involve:
- Misappropriation of funds
- Failure to provide proper accounting
- Biased or self-serving decisions by the trustee
- Disputes about interpretation of trust terms
Executor or Personal Representative Misconduct
Executors and personal representatives have a fiduciary duty to act in the best interests of the estate and its beneficiaries. Litigation may be necessary if they:
- Delay distributions without justification
- Misuse or mismanage estate assets
- Fail to provide accurate financial reports
- Refuse to follow the terms of the will or trust
Disinheritance or Omitted Heirs
Sometimes, family members believe they were wrongly left out of a will or trust. In these cases, litigation may determine whether they have a rightful claim to a portion of the estate.
Disputes Over Property or Business Interests
When an estate includes complex assets—such as real estate, investments, or business ownership interests—conflicts can emerge over valuation, sale, or inheritance rights.
No matter the nature of the dispute, our Fleming Island estate litigation attorney will carefully evaluate your case, explain your options, and develop a strategy tailored to your goals.
The Legal Process of Estate Litigation
Estate litigation in Florida typically follows a structured process, though the details can vary depending on the complexity of the case. Below is an overview of what to expect:
1. Initial Consultation and Case Evaluation
Your attorney will review all relevant estate documents, including wills, trusts, accountings, and correspondence. This helps identify legal grounds for the dispute and determine whether negotiation, mediation, or litigation is the best course of action.
2. Filing the Petition
If litigation is necessary, your attorney files a formal petition in the probate court. This document outlines your claims and the relief you seek—such as removal of a personal representative or invalidation of a will.
3. Discovery Phase
During discovery, both sides exchange evidence, witness testimony, and financial records. Depositions and interrogatories may be conducted to gather further information.
4. Mediation or Settlement Negotiations
Many estate disputes are resolved through mediation, where both parties work toward a mutually acceptable settlement with the help of a neutral mediator. Settling outside of court often saves time, money, and emotional strain.
5. Trial
If no settlement is reached, the case proceeds to trial. Each side presents its evidence and arguments, and the judge (or sometimes a jury) makes a final ruling.
6. Post-Judgment Actions
After the court’s decision, your attorney will ensure that the judgment is properly enforced—whether that involves asset redistribution, removal of a fiduciary, or other remedies.
At Owenby Law, P.A., we guide our clients through every step of this process, prioritizing transparency, preparation, and strong advocacy.
Estate Litigation FAQs
What if there is no will?
If a person dies without a will, Florida’s intestate succession laws determine how assets are distributed. Litigation can still occur if family members disagree about who qualifies as an heir or how property should be divided.
How long does estate litigation take in Florida?
The timeline depends on the complexity of the case. Simple disputes may resolve in a few months, while more contentious cases involving multiple parties or significant assets can take a year or more.
Can I contest a will even if I was not named in it?
Yes—if you have legal standing, meaning you would have inherited under a prior will or under Florida’s intestacy laws, you may challenge the validity of a will.
What is the difference between probate and estate litigation?
Probate is the court-supervised process of administering an estate. Estate litigation occurs when disputes arise during that process, requiring court intervention to resolve conflicts.
Do I need an attorney for estate disputes?
Yes. Estate litigation involves complex legal procedures, detailed financial records, and strict filing deadlines. Having an experienced estate litigation attorney ensures that your rights are fully protected.
