Estate Litigation Attorney in Miami, Florida

Estate disputes can be overwhelming, especially during emotionally challenging times. At The Estate Plan, our caring and knowledgeable estate litigation attorney in Miami can guide you every step of the way. We understand just how personal and important these matters are, and we are committed to helping you protect your loved ones, your legacy, and your peace of mind.

Whether you are a personal representative, a beneficiary, a trustee, or another interested party, our law firm offers support and guidance tailored to your unique circumstances. With extensive experience in probate, trust, and real estate disputes, our attorneys work tirelessly to resolve conflicts and ensure the best interests of our clients and their families are protected.

Table of Contents

• What Is Estate Litigation?
• Common Types of Estate Litigation in Miami
• How Our Law Firm Can Help
• Why Choose The Estate Plan?
• Consult with Our Miami Estate Litigation Lawyers

What Is Estate Litigation?

Estate litigation involves legal disputes that arise during the administration of a will, trust, or estate. These types of conflicts often require probate or trust litigation to resolve disagreements among interested parties. From questioning the validity of a will to addressing allegations of undue influence or breach of fiduciary duty, such disputes can grow complex and emotionally charged.

At The Estate Plan, we strive to provide compassionate and effective solutions to help our clients resolve disputes efficiently, whether through negotiation, alternative dispute resolution, or, when necessary, litigation in court.

Common Types of Estate Litigation in Miami

Estate disputes can arise for a variety of reasons. Below are some of the most common issues we assist our clients within South Florida.

Will Contests

One of the most common forms of estate litigation involves challenging the validity of a will. Interested parties, including heirs or beneficiaries, may contest a will for reasons such as lack of testamentary capacity, undue influence, or errors in execution.

To prove lack of testamentary capacity, it must be shown that the person creating the will (the testator) did not fully understand the nature of their property, the extent of their estate, or the persons named to receive their assets. This situation often arises with elderly individuals suffering from conditions like dementia or Alzheimer’s.

Undue influence occurs when someone exerts coercion, duress, or manipulation upon the testator, overriding their free will. For instance, if a distant relative suddenly reappears and persuades an elderly family member to write them into the will, this could be grounds for a legal challenge.

Our attorneys understand how to investigate these claims and work diligently to uncover evidence—including medical records, legal assessments, and witness testimony—to ensure our clients’ interests are fully protected.

Breach of Fiduciary Duty

A fiduciary, such as a personal representative of an estate or a trustee, has a legal obligation to act in the best interests of the beneficiaries. However, disputes may arise if there is suspicion of misconduct, mismanagement of assets, or self-serving behavior.

For example, a trustee might fail to make timely distributions to beneficiaries, improperly invest estate assets, or fail to keep accurate records. When these duties are breached, our firm stands ready to represent the interests of beneficiaries or trustees as needed to ensure accountability and fairness.

Trust Litigation

Trust disputes often involve disagreements over the interpretation or administration of trust terms. Issues may arise when trustees are accused of failing to perform their duties properly or when beneficiaries believe their rights are being violated.

Our trust litigation attorneys can help resolve these conflicts and protect the rights of our clients while minimizing family discord whenever possible.

Disputes Over Real Property

Real estate is often at the heart of estate litigation. Conflicts may arise over the sale, distribution, or ownership of residential or commercial property within an estate. Quiet title disputes, disagreements between co-owners, and title insurance claims are just a few of the issues that can emerge.

Our team has extensive experience handling real estate disputes, including matters involving lenders and title-holders. Whether you are dealing with a contested property sale or a questionable title, our attorneys offer strategic and focused solutions to protect your interests.

Elective Share Litigation

Florida law provides surviving spouses with the right to claim an “elective share” of their deceased spouse’s estate, regardless of the terms of the will. Disputes may arise when other parties contest the validity of such claims or if the surviving spouse’s share has not been properly calculated.

Our attorneys are well-versed in these matters and are prepared to handle elective share disputes on behalf of clients across South Florida.

Guardianship Litigation

Not all disputes involve estates alone. Conflicts over guardianship or the care of an incapacitated loved one can also lead to litigation. Our firm assists clients in ensuring that guardianship arrangements are handled with the utmost care and in the best interests of the individual in need.

How Our Law Firm Can Help

At The Estate Plan, we take a collaborative and compassionate approach to estate litigation. Here’s how we serve our clients in Miami and beyond.

Listening to Your Needs

No two families are alike, and every dispute has its unique circumstances. That’s why we take the time to carefully listen and understand your concerns before recommending any solutions. Our team provides personalized strategies to address the specific issues you are facing.

Providing Extensive Knowledge

With years of experience and deep knowledge of estate law, real estate transactions, and litigation, our attorneys offer the support and advice you need to confidently address complex legal disputes. Our firm has represented clients in Miami and across South Florida in a wide range of cases, from will contests to trust administration disputes.

Resolving Conflicts

We understand that litigation can be time-consuming and expensive. That’s why we often pursue alternative dispute resolution methods, such as mediation or negotiation, to help our clients resolve disagreements quickly and with minimal stress. However, if a trial becomes necessary, you can trust our team to advocate for your interests with determination and skill.

Collaborating with Other Professionals

Disputes often involve overlapping issues that require input from financial planners, accountants, or other advisors. Our attorneys work seamlessly with your trusted professionals to ensure all aspects of your case are handled with care.

Why Choose The Estate Plan?

When you choose The Estate Plan, you’re not just partnering with a law firm—you’re gaining a dedicated team that truly cares about your family’s well-being. Our attorneys take pride in offering a unique combination of trusted legal advice, compassion, and responsiveness.

Consult with Our Miami Estate Litigation Lawyers

If you are facing an estate-related dispute or simply want to be proactive about protecting your family’s interests, our estate litigation attorneys in Miami are here to help. Contact Miami estate planning and probate attorney today to schedule a consultation and learn more about how we can assist you.

You can reach us by phone (305) 735-2689 or through our online contact form to discuss your situation. Whether you are dealing with probate litigation, trust disputes, real estate issues, or other complex matters, rest assured that our firm is dedicated to supporting you every step of the way.