Probate Litigation Putting Your Legacy on Cruise Control

Probate Litigation Attorney in Fort Myers

Estate Planning Depth That Informs Every Dispute We Handle

Estate disputes don’t follow a schedule. When a family member questions the validity of a will, suspects that a fiduciary has mismanaged estate assets, or believes a loved one signed documents under pressure, the path forward can feel overwhelming. Dorcey Law Firm, PLC represents individuals and families in Fort Myers through these disputes, drawing on daily work in estate planning and trust administration to understand exactly what’s at stake in contested probate matters.

Probate litigation covers formal legal disputes arising during estate administration, including will contests, trust validity challenges, and claims against personal representatives or trustees. We handle these matters for clients throughout Fort Myers and Lee County, and free initial consultations are available for families trying to understand whether a dispute has merit.

Facing a contested estate matter in Fort Myers? Call Dorcey Law Firm, PLC at (239) 309-2870 to schedule your free consultation and speak directly with our team.

Probate Litigation Matters We Handle

Contested probate matters take several forms, each governed by the Florida Probate Code and heard by the 20th Judicial Circuit Court serving Lee County. The most common disputes we see involve challenges to a will’s validity on grounds of lack of capacity or undue influence, breach of fiduciary duty claims against personal representatives or trustees, disputes over trust validity or administration, and actions to remove or surcharge a personal representative who has mismanaged estate assets.

Florida probate litigation is procedurally specific, and the direction of a dispute can hinge on timing as much as on the underlying facts. We help clients understand what type of claim they may have, what the process looks like, and what resolution options exist before decisions are made.

Why Fort Myers Families Choose Dorcey Law Firm, PLC

Our firm works daily on estate plans, trust funding, and trust administration. That working knowledge of how these documents are built and implemented is a direct advantage in probate litigation, where disputes often turn on what a document means, how assets were titled, or whether a fiduciary followed through on their obligations.

Multi-Attorney Depth
Our firm operates with clearly defined attorney roles, allowing litigation clients to draw on a broader base of legal knowledge than a single practitioner can provide. Cases benefit from collaborative review throughout the dispute process.

Trust Funding Knowledge
Our full-time Trust Funding Department means our attorneys understand the implementation side of estate plans, not just the drafting side. That context matters when a dispute involves improperly funded trusts or questions about how assets were transferred.

Responsive Communication
Clients receive consistent access to our team with defined response timelines. During a dispute, that accessibility makes a meaningful difference in how prepared and informed clients feel at each stage.

Credentials & Community Presence

Our attorneys have received recognition from Super Lawyers and Florida Trend and are peer-rated for ethical standards and legal ability. Dorcey Law Firm, PLC is a member of WealthCounsel and the Lee County Bar Association. We also conduct seminars and workshops for Fort Myers families on estate planning and related legal topics, reflecting our commitment to educating the community we serve.

What to Expect During the Probate Litigation Process

Every contested matter begins with an assessment. At your free initial consultation, we review the relevant documents and facts, discuss the legal grounds that may apply, and walk through what resolution may look like given your specific circumstances. Contested probate matters in Lee County may be resolved through negotiation, mediation, or trial, depending on the nature of the dispute.

Throughout the process, our multi-attorney structure means your case receives collaborative attention. You’ll know who is handling each aspect of your matter and have consistent access to the team as questions arise.

How Sound Estate Planning Reduces Probate Disputes

Many probate disputes trace back to outdated documents, improperly funded trusts, or ambiguous beneficiary designations. Our Auto-Pilot Planning Program addresses these conditions directly, providing structured plan reviews and updates so that estate plans remain current and clearly reflect a client’s intentions. Our full-time Trust Funding Department helps clients align assets properly with their plans, reducing one of the most common sources of post-death conflict: the gap between what a plan says and how assets are actually titled. We maintain long-term client relationships rather than treating planning as a one-time transaction, remaining available as circumstances change.

Thousands of Clients. Hundreds of Trust Matters Every Year.

Our firm has served thousands of clients and assists with hundreds of trust-related matters annually. That volume of work means our attorneys have seen the conditions that lead to disputes and understand how to evaluate them clearly. We take an education-first approach, providing clear explanations of legal options and process before asking clients to make decisions under pressure.

A free initial consultation makes it straightforward to get an informed assessment of your situation without any commitment. If you’re facing a potential probate dispute in Fort Myers, reach out early. Timing matters in these matters, and understanding your position sooner rather than later can help preserve your options.

Talk to a Probate Litigation Attorney in Fort Myers

If you believe a will is invalid, a fiduciary has failed in their duties, or a trust is being mismanaged, we can help you evaluate your options and understand what the process involves. We serve clients throughout Fort Myers and Lee County.

Contact Dorcey Law Firm, PLC at (239) 309-2870 to schedule a free consultation with our probate litigation team.

Undue Influence in Florida Probate

Undue influence occurs when someone in a position of trust or authority over a testator overrides that person’s free will, causing them to sign a will or trust they wouldn’t otherwise have made. Florida courts recognize a presumption of undue influence when a substantial beneficiary had a confidential relationship with the testator and played an active role in procuring the document.

These claims arise most often in situations involving isolation of an elderly person, sudden changes to a long-standing estate plan, or the unexplained exclusion of family members who were previously expected to inherit. When these patterns appear, an attorney can help evaluate whether the facts support a legal challenge.

Will Contests in Florida

A will contest challenges the legal validity of the will itself. Recognized grounds under Florida law include lack of testamentary capacity, undue influence, fraud, duress, and failure to meet Florida’s execution requirements. Florida law requires a will to be in writing and signed by the testator in the presence of at least two witnesses, who must also sign in the presence of the testator and each other; defects in that process can independently support a contest.

Will contests must be filed within the probate proceeding. Under Florida Statute 733.212, an interested person served with a Notice of Administration must file any objection to the will’s validity within three months of that service, or those objections are barred. Because these deadlines are strict, early legal involvement is important for anyone considering a challenge.

Breach of Fiduciary Duty by Personal Representatives & Trustees

Personal representatives in Florida owe a fiduciary duty to the estate and its beneficiaries, including duties to act impartially, account for estate assets, and distribute property in accordance with the will or Florida law. Trustees owe parallel duties of loyalty, prudence, and impartiality to trust beneficiaries.

Violations can take many forms: self-dealing, failure to invest prudently, improper distributions, or simply refusing to provide required accountings. Remedies for breach of fiduciary duty include surcharge, removal of the personal representative or trustee, and disgorgement of improper gains.

Trust Disputes in Florida

Trust disputes can involve challenges to a trust’s initial validity, disagreements over the meaning of trust terms, challenges to amendments made under suspicious circumstances, or conflicts over how a trustee is managing trust assets. Florida’s Trust Code governs trustee duties and beneficiary rights; litigation typically proceeds through the circuit court with jurisdiction over the trust’s administration.

Beneficiaries have a right to an accounting from the trustee. Many disputes surface when a trustee refuses to provide information or when an accounting reveals distributions that can’t be explained by the trust’s terms.

Personal Representative Disputes

Florida law allows interested parties to petition for the removal of a personal representative who has breached fiduciary duties, mismanaged estate assets, or failed to act in accordance with the will. A surcharge action seeks to hold a personal representative personally liable for losses caused to the estate through negligence or misconduct.

Disputes over creditor claims against an estate, including whether a claim is valid and how it should be paid, can also require litigation when the personal representative and a creditor can’t reach agreement on their own.

Probate Litigation in the 20th Judicial Circuit Court

Contested probate matters in Fort Myers are heard by the probate division of the 20th Judicial Circuit Court serving Lee County. The court may schedule hearings, require mediation, and ultimately conduct a trial if the matter can’t be resolved short of that. Florida probate proceedings become public record once filed with the Lee County Clerk of Courts, meaning filings and accountings are accessible to the public.

Formal probate administration in Lee County, including litigation filings, must be handled by a Florida-licensed attorney in most circumstances.

Time Limits in Florida Probate Litigation

Florida imposes strict deadlines on certain probate claims. Objections to a will and actions against a personal representative must be filed within specific windows; missing those deadlines can permanently bar a claim. Under Florida Statute 732.901, the custodian of a will must deposit the original with the clerk of the court having venue of the estate within 10 days after receiving information that the testator is dead. Delay in that step can itself become a source of dispute.

Early involvement of an attorney allows for preservation of evidence, timely filing of objections, and an honest evaluation of resolution options before positions become entrenched. If you have questions about a pending estate matter, contact Dorcey Law Firm, PLC at (239) 309-2870. We’re available to discuss your situation and help you understand your options without any obligation.

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