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Trust and Probate Litigation

Black Law P.A. Trust and Probate Litigation

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.


Trust and Probate Litigation FAQ

Q1: What actions can I take if I believe a will is being executed contrary to the deceased’s wishes?

A1: You can challenge the will’s execution by filing a contest in probate court. It’s vital to have a probate litigation attorney evaluate the evidence and guide you through the process.

Q2: How can I defend a trust against claims that it was formed under undue influence?

A2: Gather all pertinent documentation, including medical records and witness statements that attest to the trustor’s mental capacity and free will, and work with an attorney who can present this evidence to defend the trust’s validity.

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