Estate & Trust Litigation Attorney

Sarasota Estate and Trust Litigation

Estate and trust disputes are among the most emotionally charged areas of law. When a loved one passes away, disagreements over inheritance, the validity of a will, or the conduct of a trustee can tear families apart. These disputes require an attorney who combines legal skill with sensitivity to the personal dynamics involved.

Steele T. Williams brings 29+ years of litigation experience to estate and trust disputes, with the Board Certified trial skills needed to protect your rights in probate court.

Estate and Trust Matters We Handle

• Will contests. Challenging the validity of a will based on lack of testamentary capacity, undue influence, fraud, duress, or improper execution. Florida law sets specific requirements for valid wills, and failure to meet any of them can invalidate the document.
• Trust contests. Challenging the creation or amendment of a trust, including revocable living trusts, on grounds similar to will contests. Trust contests are governed by Florida's Trust Code (Chapter 736).
• Breach of fiduciary duty. Claims against personal representatives (executors) and trustees who fail to act in the best interests of the estate or trust beneficiaries. This includes self-dealing, mismanagement of assets, failure to make distributions, and failure to provide accountings.
• Removal of fiduciaries. Petitioning the court to remove a personal representative or trustee who is unfit, has committed misconduct, or has a conflict of interest that prevents them from serving effectively.
• Elective share claims. Florida law entitles a surviving spouse to 30% of the "elective estate" regardless of what the will or trust provides. These claims involve complex calculations and valuation issues.
• Beneficiary disputes. Disagreements among beneficiaries over interpretation of will or trust provisions, distribution timing, and the proper administration of the estate or trust.
• Guardianship litigation. Disputes over the appointment of a guardian for an incapacitated person, challenges to a guardian's actions, and allegations of guardian misconduct or exploitation.
• Undue influence claims. When a person in a position of trust - often a caregiver, family member, or adviser - exerts improper pressure on a vulnerable individual to change their estate plan. Florida law presumes undue influence in certain circumstances.

Common Warning Signs of Estate Fraud

Certain patterns may indicate that a will or trust was created or modified under improper circumstances:

• A sudden change to estate planning documents, especially late in life or during illness
• A new beneficiary who recently entered the person's life (caregiver, companion, adviser)
• Exclusion of family members who were previously included in the estate plan
• The person who benefits most from the change was also involved in arranging the attorney visit or supervising the signing
• The decedent had diminished mental capacity due to dementia, medication, or illness at the time documents were executed

Time Limits in Estate Litigation

Florida imposes strict deadlines in probate matters. A will contest must typically be filed within the earlier of 20 days after receiving formal notice of administration or three months after the date of service of the Notice of Administration. Trust contests have their own deadlines under Florida's Trust Code. Missing these windows can permanently bar your claim.

What to Expect

During your consultation, Steele will review the estate planning documents, the circumstances surrounding their creation or modification, the family dynamics involved, and the evidence available to support your position. You will receive a candid assessment of the strength of your case and a clear explanation of the process ahead.