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Inheritance Disputes
When inheritance and family emotions overlap, clear counsel makes all the difference. At Barnes Walker, our probate litigation attorneys help clients navigate will contests, trust disputes, and fiduciary breaches throughout Florida as well as:
- Fiduciary Litigation
- Trust Contests
- Will Contests
- Investigation of Beneficiary Rights
- Insurance Beneficiary Disputes
- Contested Estate Proceedings
- Elective Share Issues
- Homestead Issues
- Accounting Objections.
Inquire about a consultation with an inheritance dispute attorney today.
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Understanding Inheritance Disputes Under Florida Law
An inheritance dispute arises when heirs, beneficiaries, or fiduciaries disagree over how assets should be distributed after someone’s death. These conflicts often involve questions about a will’s validity, a trustee’s conduct, or unequal treatment among family members.
Florida’s probate system provides specific procedures to challenge a will, demand an accounting, or remove an executor or trustee — but strict timelines apply. Acting quickly is critical to preserve your rights.
Common Causes of Estate and Probate Conflicts
Undue Influence or Lack of Capacity
Wills or trusts created under pressure can be contested in probate court.
Document Errors or Ambiguities
Conflicting amendments and unclear language may require court interpretation.
Breach of Fiduciary Duty
Trustees or personal representatives can be removed for mismanagement.
Out-of-State Beneficiaries
Non-Florida heirs often need local representation to assert their rights.
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Contesting a Will or Trust in Florida
Contesting a will or trust is a formal legal action to ensure the document truly reflects the decedent’s intent. Our attorneys examine every element from capacity, undue influence, fraud, and execution, to determine whether a contest is warranted.
Florida law provides specific deadlines that may be as short as 90 days after notice of administration. We handle all filings, hearings, and negotiations to protect your inheritance rights.
Grounds for Contest:
– Lack of testamentary capacity
– Undue influence
– Fraud or duress
– Forgery or invalid execution
– Revocation or conflicting versions
See related article: How to Contest a Will in Florida
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When the Executor or Trustee Isn’t Doing Their Job
Executors and trustees must follow Florida’s fiduciary standards — honesty, transparency, and loyalty to beneficiaries. When they fail, beneficiaries can petition the court for an accounting, compel distributions, or seek removal.
We represent beneficiaries, personal representatives, and trustees in disputes involving mismanagement, asset concealment, and delayed settlements.
Request an evaluation of your case today.
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How Probate Litigation Works
Case Evaluation — Review of estate documents, deadlines, and possible claims.
Filing the Petition — Initiating court proceedings and notifying all parties.
Discovery & Mediation — Gathering evidence, depositions, and negotiation.
Trial & Resolution — Presenting your case and enforcing court orders.
Why Clients Trust Barnes Walker
For more than three decades, families and fiduciaries across Florida have relied on Barnes Walker for practical, results-driven legal representation.
We approach every inheritance dispute with preparation, discretion, and respect, helping clients find solutions that protect both their financial and emotional well-being.
- Experienced probate litigation attorneys
- Offices in Sarasota, Bradenton, and Lakewood Ranch & Florida
- Integrated estate planning and litigation practice
- Personalized attention from start to finish
Partner
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Litigation Expertise You Need
When an estate is contested, you need a proven and strategic advocate. Our litigation department is led by Partner and Chair, Andrea Johnson, who focuses her practice on complex Probate and Trust Litigation. With over twenty years of experience, Andrea combines strong, intellectual legal knowledge with a practical, results-driven approach to relentlessly advocate for her clients. Her unique experience as an Attorney Special Magistrate and FINRA Arbitrator provides invaluable insight into how disputes are analyzed and decided.
A magna cum laude graduate of Stetson University College of Law, Andrea’s excellence is consistently recognized by her peers. She holds the highest possible AV Preeminent® Rating from Martindale-Hubbell, a 10.0 “Superb” AVVO Rating, and has been named a Florida Super Lawyers Rising Star. As a past President of the Manatee County Bar Association, Andrea is a proven leader in the legal community. She and her team are prepared to protect your rights with diligence and unwavering resolve.
Frequently Asked Questions
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Talk to a Florida Inheritance Dispute Lawyer Today
You don’t have to face an inheritance or probate dispute alone. Barnes Walker’s experienced attorneys will protect your rights, guide you through each step of the process, and work toward the best possible outcome for your family.
Inquire below for a Confidential Consultation.
