Miami Estate Litigation Attorney

Helping Clients Defend or Contest an Estate Plan in Florida

Estate plans are crucial for safeguarding your assets and ensuring that your wishes are fulfilled. With the proper legal documents—such as a trust, advance care directive, or last will- you can secure your legacy, provide for loved ones, and make important medical and financial decisions in advance.

But what happens when these documents are poorly drafted, contain legal gaps, or fail to reflect the grantor’s true intentions? And what if someone wants to challenge—or defend—an existing estate plan?

In these situations, estate litigation may be necessary. This legal process allows parties to contest or defend estate planning documents in court. Because estate litigation involves complex legal and procedural rules, it is critical to work with an experienced Florida estate litigation attorney.

At Perez-Roura Law, we have extensive experience representing clients in both estate disputes and related matters. Whether you want to defend an estate plan against a challenge or contest a will, trust, or directive, our team combines legal knowledge with a compassionate approach to protect your interests.

Do not enter estate litigation without strong legal representation, especially when the other side is likely to have skilled attorneys advocating for their case.

📞 Contact Perez-Roura Law today to schedule a free consultation with our Miami estate litigation team and discuss your options for protecting your rights and your loved one’s legacy.

When Estate Litigation May Be Necessary in Florida

Estate litigation may become necessary in various situations, often arising from disputes over the validity, interpretation, or administration of estate planning documents. Even seemingly minor issues—such as a small drafting error—can lead to significant legal challenges. In other cases, fraud, conflicting documents, or a breach of fiduciary duty may necessitate legal action.

Typical scenarios where estate litigation might be required include:

Challenging a will when there are questions about its validity or execution.
Collecting outstanding debts after the death of a debtor.
Defending your actions as a fiduciary or trustee against claims of misconduct.
Investigating potential fraud in the creation or execution of estate documents.
Holding an executor accountable for mismanagement or improper actions.
Addressing a breach of fiduciary duty by someone managing estate assets.
Resolving disputes during the probate process, including disagreements over asset distribution.

At Perez-Roura Law, we recognize the complex legal and emotional aspects of these cases. Our Miami-based legal team can guide you through every stage of the process, ensuring your rights are protected and your case is handled with care.

Types of Estate Litigation Cases We Handle in Florida

At Perez-Roura Law, led by experienced estate planning attorney Pedro Armando Perez-Roura, we represent clients in a wide range of estate litigation matters. Our goal is to protect your rights, preserve your loved one’s wishes, and resolve disputes efficiently and effectively.

We handle cases involving, but not limited to:

Beneficiary accounting disputes
Allegations of self-dealing by fiduciaries or trustees
Claims that a will or trust was created under duress or undue influence
Conflicts of interest involving executors, trustees, or beneficiaries
Creditor disputes related to estate debts
Determination of heirs and rightful beneficiaries
Challenges regarding accounting accuracy and financial records
Elective share litigation for surviving spouses
Enforcement of prenuptial or postnuptial agreements
Errors in will execution or improper signing procedures
Interpretation of estate planning documents
Allegations of forgery or fraudulent documents
Improper asset management within a trust
Disputes over asset distribution
Inadequate trust administration
Claims of a lack of mental capacity when creating a will
Petitions for court instructions or legal orders
Petitions to remove a personal representative or fiduciary
Revocation of probate proceedings
Seeking the removal of fiduciaries after a breach of duty
Surviving spouse rights claims
Allegations of undue influence in will or trust drafting

These legal disputes are complex, highly technical, and often emotionally charged. You should never navigate estate litigation in Florida on your own.
At Perez-Roura Law, we combine legal skill with compassionate client service, keeping you informed at every stage of your case. We take pride in being accessible and responsive to your concerns.

Parties Commonly Involved in Estate Litigation

In Florida estate litigation, the most common parties involved include:

Surviving spouses of the deceased
Friends or family members who believe they were wrongfully disinherited
Heirs disputing the claims of other beneficiaries
The executor or trustee named in the decedent’s estate plan

No matter your role, whether you are defending your rights as a beneficiary or challenging an executor’s actions, you are entitled to legal representation to ensure your interests are protected.

Understanding a Breach of Fiduciary Duty

In Florida, a personal representative (also referred to as an administrator, executor, or fiduciary) is appointed by the court to manage the estate after an individual passes away. This fiduciary has a legal duty to act in the best interests of both the beneficiaries and any creditors to whom the estate owes money.

Unfortunately, many estate litigation cases stem from claims that the fiduciary has failed to meet these obligations. Common allegations include:

Conflicts of interest
Excessive self-compensation for their services
Failure to provide accounting or financial transparency
Acting in self-interest rather than fulfilling their legal duties

When a fiduciary breaches their obligations, it can lead to significant financial and emotional harm to the estate and its beneficiaries. In such cases, swift legal action may be necessary to protect the estate’s integrity.

Schedule a Free Consultation with a Florida Estate Litigation Attorney

Estate litigation is complex, emotionally charged, and requires a deep understanding of Florida probate law. Having a knowledgeable Florida estate litigation attorney by your side can make all the difference in securing a fair resolution.

At Perez-Roura Law, attorney Pedro Armando Perez-Roura and his skilled legal team combine professionalism, compassion, and strategic legal guidance to protect your rights during this challenging time.

📞 Call us today at 305-570-3259 to schedule your free consultation and learn how we can help you navigate your estate litigation case with confidence.