Disputed will or heir
We refer litigation cases — and we know the right people.
Disputed cases are a small percentage of probate — under 1% statewide — but they're stressful, emotionally charged, and time-sensitive. The most common patterns: a will that was executed when the deceased was already declining cognitively (capacity challenge), a caregiver or new partner who appeared late and inherited unexpectedly (undue influence claim), a child who was disinherited (sometimes for valid reasons, sometimes not), or a family member who shows up claiming heir status no one knew about.
Our firm handles uncontested probate. We don't litigate. What we do, when a dispute is brewing or already filed, is exactly what we'd do for a friend: tell you honestly whether the dispute is winnable, refer you to the right litigator if it is, and continue handling the underlying administration while the contest plays out alongside.
Florida has a 90-day caveat window after notice of administration to file objections — miss it and most challenges are barred. If you suspect a problem, the consult is free and we'll help you triage fast.
What this means for you
- The 90-day clock matters. From notice of administration, you have 90 days to file a will contest. After that, the bar drops sharply.
- Most disputes settle through mediation, not trial. Florida courts encourage it heavily and litigators we work with often resolve cases in 60–120 days.
- Common grounds for contesting a will: lack of testamentary capacity, undue influence, fraud, improper execution (witnesses, notarization), revocation by a later will.
- Heir disputes (someone claiming intestate status that the family disputes) usually require DNA testing, marriage records, or birth records to resolve. We can guide which evidence matters.
- You don't need to be sure to start the conversation. A free consult clarifies whether you have a real claim or a hard feeling. Both are valid; only one is worth pursuing in court.
Which path applies
Most situations route to one or two probate paths. Here are the most likely fits — read the detailed page on whichever feels closest, or use the consult to confirm.
What we watch for
Easy on people, tough on problems. These are the things that catch families off guard — we've seen them all and we plan around them.
- Missing the 90-day caveat window. This is the single most common way valid contests die. Get advice within 60 days of notice if you have any concern.
- Hiring a generalist litigator. Probate litigation is its own specialty. Florida has a dozen attorneys who do it well. We refer to the ones we've worked alongside and trust.
- Going scorched-earth without a settlement strategy. Most disputes end in mediation regardless of how loud the early filings are. Litigators who go to mediation early often save families six figures vs. litigators who bill toward trial.
- Confusing emotional grievance with legal claim. "It's not fair" isn't actionable. "Mom didn't have capacity to sign that will" might be — if you have medical records, witness testimony, and the timing supports it.
- Letting the underlying administration stall. Even with a contest pending, the estate still needs to be administered (assets preserved, taxes filed, deadlines met). We keep that running while the dispute proceeds.
Questions families ask us
Disputed cases are hard. We won't pretend otherwise. But we will tell you honestly whether you have a real claim, refer you to the right litigator if you do, and stay in your corner throughout the underlying administration. "Easy on people, tough on problems" — that's the playbook even when the family is fighting.