When families are grieving, the last thing they expect is conflict over a loved one’s estate. But unfortunately, estate disputes are more common than many people realize, particularly when significant assets, family tension, or second marriages are involved. If you are facing a contested will, fiduciary misconduct, or a dispute over inheritance rights, the attorneys at St. Johns Law Group are prepared to provide trusted, aggressive legal counsel.
As the largest law firm in St. Augustine, our attorneys have decades of experience guiding clients through even the most emotionally charged probate litigation matters. Whether you are an heir, beneficiary, or personal representative, we will fight to protect your rights and uphold your loved one’s true intentions.
Contested probate refers to legal disputes that arise during the administration of a deceased person’s estate. These cases typically involve challenges to the validity of the will, misconduct by an executor or trustee, or conflicts among heirs or beneficiaries.
Under Florida law, a will can be contested for several reasons. Our attorneys frequently handle challenges involving:
Undue Influence
When a person exerts excessive pressure on the testator (will-maker) to change their will in a way that benefits them unfairly. This often occurs in cases involving caretakers, second spouses, or adult children.
Lack of Testamentary Capacity
If the testator was not of sound mind at the time the will was executed—due to dementia, Alzheimer’s, or mental illness—the will may be invalidated.
Improper Execution
Florida law requires strict formalities for will execution. A will may be challenged if it was not properly witnessed, signed, or dated.
Fraud or Forgery
If the will was created or modified through deceptive means, or if a signature was forged, the will may be deemed void.
Multiple or Conflicting Wills
When more than one version of a will exists, disputes may arise over which document is valid.
Our St. Augustine estate litigation attorneys have deep experience handling a wide variety of probate-related disputes, including:
Challenges to the validity of a will or trust
Removal of a personal representative or trustee
Claims of breach of fiduciary duty
Accounting disputes and mismanagement of estate assets
Actions to recover misappropriated property or funds
Disputes over elective share or pretermitted spouse rights
Conflicts involving disinherited heirs or omitted children
Challenges to last-minute will amendments or suspicious gifts
Executors, trustees, and personal representatives in Florida have a legal duty to act in the best interests of the estate and its beneficiaries. When they fail in that duty—whether by mishandling assets, making self-serving decisions, or refusing to provide information—they can be held personally liable.
Our attorneys are experienced in both bringing and defending breach of fiduciary duty claims, including:
Failure to account for estate assets
Misuse or theft of funds
Self-dealing or conflicts of interest
Delays in administration or distribution
Failure to communicate with heirs or beneficiaries
We understand that probate disputes often arise between family members during a painful time. Our approach is to resolve matters efficiently and respectfully—but with the legal strength necessary to litigate when required. We provide:
Careful case evaluation to assess your legal position
Step-by-step guidance through probate and court proceedings
Aggressive representation in negotiations and litigation
Prompt communication and direct access to your attorney
Creative settlement strategies when appropriate
Our firm handles contested probate cases on behalf of:
Heirs and beneficiaries
Disinherited or omitted family members
Personal representatives and executors
Trustees and successor trustees
Guardians and fiduciaries
Creditors and interested parties in estate proceedings
Whether you are challenging a will or defending one, our team is ready to advocate on your behalf.
Probate litigation is time-sensitive. In Florida, will contests must generally be filed within 90 days after receiving notice of administration—or as little as 20 days in some cases. Missing these deadlines can permanently bar your claim.
Don’t wait. If you suspect something is wrong, call us right away to preserve your rights.
We assist clients in contested probate and will litigation across:
St. Johns County – St. Augustine, St. Augustine Beach, Ponte Vedra, Nocatee, Vilano Beach, Hastings, Julington Creek
Flagler County – Palm Coast, Flagler Beach, Bunnell
Duval County – Jacksonville, Atlantic Beach, San Marco
Clay County – Fleming Island, Green Cove Springs, Oakleaf
Putnam County – Palatka, East Palatka, Interlachen
Southern Georgia – Select probate matters for out-of-state heirs
At St. Johns Law Group, we bring clarity, experience, and tenacity to Florida probate litigation. Whether you are concerned about an invalid will or need help defending your role as executor, our team is ready to fight for your interests.
📞 Call (904) 495-0400
📍 Visit 104 Sea Grove Main Street, St. Augustine, FL 32080
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