Probate Litigation

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Estate planning attorneys can protect their clients' interests by drafting clearly-worded documents that are grounded in tax law, case law, and statute, and which eradicate vulnerabilities and vague or ambiguous terms. For example in the case of trust funds this means incorporating checks and balances to ensure the smooth, transparent succession of trusteeship, to handle annual auditing requirements, and to establish clear guidelines regarding fiduciary responsibility. Unfortunately, today's litigious quick-fix world can cause even well-thought-out estate plans to be contested.


At Tripp Scott, our lawyers represent beneficiaries, trustees, executors, personal representatives, guardians, conservators and others in various types of probate litigation in Florida. Our firm manages all aspects of the litigation process — from pre-suit negotiations and strategy, to appeals if necessary — and provides a level of experience and client responsiveness that is hard to come by.

Specific types of probate litigation and issues our attorneys assist clients with include:

  • Will contests

  • Trust disputes

  • Contested guardianships and conservatorships

  • Executor/personal representative misconduct

  • Financial mismanagement

  • Breach of fiduciary duty claims

  • Undue influence

  • Lack of capacity

Wherever possible, we strive to resolve disputes through alternative dispute resolution methods or pre-trial settlement. However, we have a nearly 40-year history of achieving outstanding results for our clients and no lack of courtroom experience. We work collectively to focus our resources and to transform them into integrated, innovative and cost-effective approaches to managing litigation.

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