Fleming Island Probate Litigation Attorney
Protecting Your Rights During Probate Litigation
When a loved one passes away, emotions often run high — and so can conflicts over their estate. Disagreements about wills, trusts, and asset distribution can quickly escalate into complex legal battles. If you are facing a dispute involving a family member’s estate, our experienced probate litigation lawyer from } can help you protect your rights and reach a fair resolution.
Our firm represents beneficiaries, executors, trustees, and other interested parties in contested probate matters across Fleming Island and surrounding Clay County communities. We understand how deeply personal these cases can be — and we’re committed to handling them with professionalism, compassion, and strong legal advocacy.
Call (904) 479-2391 today to connect with a probate litigation lawyer in Fleming Island who will stand by you throughout the legal process.
Common Probate Issues
Probate litigation often arises when family members, beneficiaries, or creditors disagree over how an estate is administered. Some of the most common probate issues include:
Will Contests
One of the most frequent disputes involves challenging the validity of a will. Grounds for contesting a will may include:
- Lack of capacity: The decedent was not of sound mind when creating the will.
- Undue influence: Someone manipulated or pressured the decedent to make certain provisions.
- Fraud or forgery: The will was altered or signed under false pretenses.
- Improper execution: The will does not meet Florida’s legal requirements for witnessing and signing.
Breach of Fiduciary Duty
Executors and personal representatives have a legal duty to manage estate assets responsibly. If they misuse funds, make poor investment choices, or fail to distribute assets properly, they can be held personally liable for losses.
Disputes Among Beneficiaries
Family members often disagree over who should receive certain assets, how property should be valued, or whether debts are being handled fairly. These conflicts can become contentious and may require court intervention.
Trust Litigation
Trust disputes can involve accusations that a trustee is mismanaging assets, favoring certain beneficiaries, or not following the terms of the trust. Florida law allows beneficiaries to take legal action to protect their interests.
Elective Share and Spousal Rights
Florida law grants surviving spouses certain rights, including an “elective share” of the estate. If a will attempts to disinherit a spouse or reduce their share, disputes often arise over the estate’s true value and what the surviving spouse is owed.
The Legal Process of Probate Litigation
Probate litigation follows a structured process governed by Florida probate law. Having our Fleming Island probate litigation lawyer can make all the difference in ensuring your case is handled efficiently and effectively.
1. Filing or Responding to a Petition
Litigation begins when one party files a petition challenging a will, a trust, or the conduct of a fiduciary. The other parties are formally notified and given an opportunity to respond.
2. Discovery and Investigation
During discovery, both sides gather evidence such as financial records, witness statements, medical records, and expert testimony. This phase helps establish the facts behind the dispute — whether it’s undue influence, incapacity, or mismanagement.
3. Mediation or Settlement Discussions
Many probate disputes can be resolved through mediation. Florida courts often encourage mediation before trial, as it saves time, money, and emotional strain. A skilled attorney can negotiate on your behalf to achieve a fair settlement.
4. Trial
If settlement isn’t possible, the case proceeds to trial. Each side presents evidence, calls witnesses, and argues their position before a probate judge. The judge ultimately decides how the estate should be distributed or how the fiduciary’s conduct should be corrected.
5. Post-Trial Motions and Appeals
Even after a ruling, parties may challenge the decision through appeals or post-trial motions. Owenby Law, P.A. ensures your interests are represented at every stage of litigation, from initial filings to appellate review if necessary.
How to Avoid Probate Litigation
While some disputes are unavoidable, many can be prevented through careful estate planning and open communication. Here are a few steps individuals can take to minimize the risk of probate conflicts:
- Work With an Experienced Estate Planning Attorney: A properly drafted will or trust can prevent misunderstandings and legal loopholes. Having clear, legally sound documents can significantly reduce the chance of future disputes.
- Keep Documents Updated: Life changes such as marriage, divorce, births, and deaths should trigger a review of your estate plan. Outdated wills or trusts are a common source of litigation.
- Communicate With Family Members: Openly discussing your wishes with heirs and beneficiaries can help prevent resentment or confusion later on.
- Choose Responsible Fiduciaries: Select executors and trustees who are trustworthy, organized, and able to handle family dynamics without bias.
- Consider Including a No-Contest Clause: Florida law allows certain clauses that discourage beneficiaries from challenging a will without valid reason. Your attorney can advise whether such provisions are appropriate for your situation.
At Owenby Law, P.A., we don’t just litigate probate disputes — we help clients avoid them through proactive planning and sound legal advice.
Probate Litigation FAQs
How long does probate litigation take in Florida?
The timeline varies depending on the complexity of the estate and the nature of the dispute. Simple cases may resolve in a few months, while contested estates can take a year or more.
Who pays for probate litigation costs?
Generally, litigation expenses may be paid from the estate’s assets, but in some cases, the losing party may be responsible for fees. Your attorney can explain how this applies to your case.
Can I contest a will after probate has started?
Yes. Florida law allows interested parties to challenge a will within a certain timeframe, typically within 90 days after being served with notice of administration.
What happens if there is no will?
If the decedent died intestate (without a valid will), Florida’s intestacy laws determine how assets are distributed. Disputes can still arise over who qualifies as an heir or how property is valued.
Why should I hire a local probate litigation lawyer?
A local attorney familiar with Clay County probate courts understands local procedures, judges, and filing requirements — giving you a strategic advantage throughout your case.
