Will contests, breach of fiduciary duty, and contested estates throughout Florida.
Black Law P.A.’s attorneys represent corporate and individual fiduciaries, including trustees, receivers, executors and guardians in complex fiduciary litigation. The firm also represents officers, directors, shareholders and other entities and individuals holding fiduciary responsibilities. We recognize that our role in representing these fiduciary clients is critical to the role they play in representing each of their clients, and the Firm is familiar with the issues these fiduciaries encounter on a daily basis and in litigation.
Our attorneys are well equipped to address the business aspects at the heart of fiduciary litigation, including business succession and transfer issues. We have represented both trustees in defending and beneficiaries in pursuing various breach of fiduciary duty claims, including challenges to investment management decisions, challenges to discretionary decisions, claims of self-dealing and conflict of interest, removal claims and claims for accounting. Our attorneys have also litigated novel issues regarding the scope of creditor protection that certain trusts afford beneficiaries.
We have experience in the often emotionally-charged will contest and will construction matters, including determination of heirs, undue influence and lack of capacity matters. They recognize that when disputes between family members arise over family businesses, property, and trusts and estates, the stakes are often very high and, if not skillfully handled, the consequences can be irreparable.
We are equipped to handle these cases in Florida probate, civil and federal courts at the trial level and through all appellate review. And when the cases require creative solutions that cannot be achieved in court, the group has the experience to handle them in negotiation, mediation or arbitration. In some cases, resolving intra-family issues outside of the courts in these alternative forums removes the matter from public scrutiny to the clients’ benefit.
“The process is always dynamic and requires 360-degree awareness of all aspects of an engagement – that’s part of why we enjoy it so much. We are flexible, and sensitive to the need to regularly calibrate strategies, action plans, and case budgets to maintain the clarity of your goals and objectives (which sometimes themselves change as a matter progresses). Light footprint, sustained onslaught, or anything in between… we are adaptable to the needs of your situation because while size and scope may vary, the core principles and our passion for solving your problems are enduring.”
Kelsey Black, Managing Partner
The firm handles will contests, breach of fiduciary duty by trustees or personal representatives, contested estate administrations, undue influence and capacity claims, accounting and surcharge actions, and disputes among beneficiaries. Both Florida-domiciled and out-of-state probate matters with Florida property issues fall within scope.
Florida's timelines are short and trigger on the date of service of formal notice of administration. Under § 733.212, Fla. Stat., a will contest generally must be filed within 90 days after service of the notice — sooner in some circumstances. The clock can start running on a fact-specific date, so consulting counsel quickly after a contested administration begins is essential.
Possibly, depending on the facts. Florida law provides multiple grounds for removing a trustee, including serious breach of trust, lack of cooperation among co-trustees, persistent failure to administer effectively, and hostility that impairs administration. The firm reviews the operating documents and the trustee's conduct before recommending whether removal — or a different remedy — fits the situation.
Will contests, fiduciary breaches, contested estates — tell us about your matter.