Probate & Will Contest Attorney in Palm Beach, FL

When a loved one dies in Palm Beach County and the family does not agree on the will, the inheritance, or who should be in charge, probate stops being a paperwork exercise and becomes a fight. Our firm focuses on Florida probate from the perspective families know all too well: a stepmother and adult children at odds, a last-minute will that surprised everyone, a sibling who controlled the bank accounts, or an executor no one trusts. We help you protect what your loved one actually intended.

Florida Probate, Built Around Contested Estates

Florida probate is governed by the Florida Probate Code, Chapters 731 through 735 of the Florida Statutes, and administered through the Circuit Court. Most disputes surface during formal administration, the proceeding used for larger estates and any estate where heirs are likely to disagree. Smaller, uncontested estates may qualify for summary administration under Chapter 735, but a genuine dispute almost always belongs in formal administration, where a personal representative is appointed and the court can resolve objections.

The Disputes We Handle

• Will contests based on lack of testamentary capacity, undue influence, fraud, duress, or improper execution under Florida Statutes §732.502.
• Personal representative disputes, including removal of a representative who breaches fiduciary duty, self-deals, or refuses to account.
• Elective share claims, where a surviving spouse asserts the 30% elective share under §732.2065.
• Homestead fights over Florida’s constitutionally protected homestead and who inherits it.
• Creditor and beneficiary conflicts over distributions, accountings, and asset valuation.

Why Florida Estates Get Contested

Palm Beach attracts blended families, second marriages, and significant wealth, and those are exactly the conditions that produce litigation. A common pattern: an elderly parent signs a new will or beneficiary change shortly before death, naming a caregiver, new spouse, or one child over the others. Florida law lets interested persons challenge that document. To prove undue influence, courts look at whether a beneficiary occupied a confidential relationship with the decedent and was actively involved in procuring the will. We investigate the medical records, the drafting attorney’s file, the witnesses to the signing, and the financial trail.

Wills, Trusts, and the Documents Behind the Fight

A valid Florida will must be signed at the end by the testator and by two witnesses, all in each other’s presence, under §732.502. Defects in execution can invalidate a will outright. Many estates also involve a revocable trust under Chapter 736, a durable power of attorney under Chapter 709, or a Lady Bird (enhanced life estate) deed used to pass real property outside probate. Each of these can be challenged, abused, or misread, and each can change who ultimately inherits.

What to Do When a Dispute Is Brewing

Move quickly. Florida imposes deadlines for objecting to a will and for filing claims once a notice of administration is served. Preserve records, avoid signing anything you do not understand, and do not let the person in possession of the assets control the narrative. An early consultation often determines whether you keep your seat at the table.

This page is general information, not legal advice. Florida probate and estate disputes are fact-specific and deadline-driven. Consult a licensed Florida attorney about your situation before acting.