Florida Probate Lawyers

Florida Probate Law Group is different than other probate firms because founding partner R. Nadine David previously worked in the Florida judicial system as a probate court staff attorney. In this role Mrs. David advised Florida circuit court judges regarding complex probate issues arising in their courts. This valuable experience allows attorney David to analyze every Florida probate case from the judge’s point of view and set our firm’s clients up for success. Mrs. David was a trusted advisor to multiple Florida probate judges and honed her legal skills in this position prior to entering private practice with her and law partner husband, Charles David, in 2014. Since then, Florida Probate Law Group has served thousands of clients. Whether handling a simple transfer of assets or a complex litigation matter, our lawyers strive to deliver efficient results and return on investment.

In 2024, Mr. David was invited speak to the National College of Probate Judges where he addressed judges from all over the country on the subjects of probate, trusts, and the present state of Florida law.

A partner at our firm would be happy to discuss your legal case free of charge. Call Florida Probate Law Group today at (352) 354-2654 to schedule a free appointment with an attorney, or click here to contact us electronically.

Probate is the legal process of transferring the ownership of a person’s assets after they die. If someone executed a will while they were alive, that document will determine who receives their property during probate. If a person did not have a will, their spouse and/or closest relatives will be entitled to their property. In Florida there are two different types of probate administration - summary administration and formal administration. Summary probate administration is used for smaller estates, and is a faster and less expensive process. Formal estate administration is used for larger estates and estates that will require a “personal representative” to act on behalf of the estate. Our Florida probate lawyers administer both small and large estates in every Florida county.

Click here for our Complete Guide to Florida Probate

Probate and trust litigation cases involve arguments over inheritances. These arguments take many forms, but typically center on the interpretation and enforceability of legal documents. Some of the most common forms of trust and estate litigation are:

• Will contest
  • A “will contest” is a proceeding to determine the validity of a decedent’s Last Will and Testament. A will can be contested for technical deficiencies (e.g. lack of witnesses), fraud (e.g. forged signature), mental incapacity, or undue influence (coerced by another). If a will is found invalid, the decedent’s previous will is entered to probate. If no previous will exists, the decedent’s estate will go to their next of kin through intestate succession.
• Trust litigation
  • Trust litigation arises when the legitimacy of a trust or the actions of a trustee are called into question. Trust administration is normally a private process that takes place outside of court. However, if a trustee misappropriates trust assets they are liable to trust beneficiaries and subject to removal from the position of trustee. If the rules of a trust are ambiguous or incomplete, trust litigation may be required in order for a judge to construe the terms of the trust.
• Beneficiary designation litigation
  • Beneficiary designations on financial assets create automatic transfers upon death. Those assets typically avoid probate, but can give rise to probate litigation when someone claims the beneficiary designation is improper. Often, the subject account will be frozen for the duration of the beneficiary designation litigation. Beneficiary designations can be attacked on similar grounds as a last will and testament including undue influence, fraud, and incapacity.
• Quiet title litigation/Transfers during decedent’s lifetime
  • If suspicious real estate transfers occurred preceding the decedent's passing, quiet title litigation could be required to restore title to the estate of the decedent. If improper financial transactions before (or after) death, the decedent’s estate may pursue civil theft claims with respect to those fraudulent transactions. These claims must be brought by the personal representative of the decedent’s estate.
• Elective share litigation
  • When a spouse claims a 30% elective share of their deceased spouse's estate, parties may litigate with respect to the value of the estate. Calculating the “elective estate” is a complex analysis that requires diligent factual investigation into the assets of the decedent during their lifetime and at their time of death.
• Tortious interference with an expectancy
  • If all probate remedies are exhausted, a person who is deprived of their inheritance can sue the party that wronged them in order to recover the value of their inheritance. To succeed in a tortious interference with an expectancy lawsuit, the plaintiff must demonstrate that the defendant took improper actions that caused the plaintiff to lose their inheritance.

Often, a probate or trust litigation case will include multiple theories of liability or join related claims that encompass more than one of these categories. Florida Probate Law Group has experience in prosecuting and defending all of the above causes of action, and more.

Our Florida probate attorneys are proud to work with plaintiffs' firms, defense attorneys, and insurance companies across the state to facilitate wrongful death settlements, administer defendant’s estates, and facilitate survivorship actions. Our firm is also available to consult on guardianship matters, although we are not currently taking on guardianship matters. When a person dies in an accident, their estate must be administered so that a personal representative can sue the person who caused the death. When a child receives a significant injury settlement, Florida requires court approval and guardianship to safeguard the minor’s interest. Wrongful death probate administration and child injury guardianship administration require specific expertise to ensure the compliance of the settlement allocation and protect the lawyers, plaintiffs, and defendants negotiating the settlement.

Due to our firm's extensive experience administering settlement-related estates and, a lawyer at Florida Probate Law Group is uniquely equipped to ensure the compliance of wrongful death settlements. A fully complaint settlement protects the injury firm, defense firm, insurance carrier, and injury client by providing certainty that the negotiated release is binding on all parties, and cannot be undermined in the future for any reason.

Whether resolving a small estate or a multi-million dollar death claim, Florida Probate Law Group provides clients with the peace of mind that their case was done right. Call our firm to schedule a free consultation if you have questions about your inheritance.