Probate Attorney Malpractice: What Happens When Your Lawyer Makes Mistakes
Legal Remedies and Professional Liability When Probate Representation Goes Wrong Probate is unforgiving. Deadlines are strict, fiduciary duties are heavy, and one mistake can wreck an otherwise orderly estate. When a probate attorney screws up — missing filings, mishandling creditor claims, misinterpreting homestead law, or giving faulty advice — the personal representative and beneficiaries pay […]
How to Choose Between a Probate Attorney and an Estate Administration Firm
Solo Practitioner vs. Larger Firm — What Actually Matters in a Florida Probate Case Choosing who handles a probate case isn’t a cosmetic decision. It’s strategic. The wrong choice creates delays, communication failures, unnecessary fees, and mistakes that expose the personal representative to personal liability. The truth is, solo probate attorneys and larger probate firms […]
Probate Attorney’s Duty to Creditors: Balancing Beneficiary and Creditor Rights
The Creditor Claims Process and the Attorney’s Responsibility to Keep the Estate Compliant Most beneficiaries believe probate is about “their inheritance.” They rarely think about creditors — until creditor claims drain the estate, delay distributions, or lead to lawsuits against the personal representative. Florida probate puts creditors first, beneficiaries second. That’s not optional or negotiable. […]
When Can a Probate Attorney Withdraw from Representation?
Ethical Withdrawal and Client Relationship Termination in Florida Probate Most people assume a probate attorney is “locked in” for the entire case once hired. Not true. Just as clients can fire attorneys, probate lawyers can — and sometimes must — withdraw from representation. And when they do, the timing, reasons, and consequences can dramatically affect […]
Probate Attorney Fees in Florida: Understanding the Statutory Compensation Structure
A Detailed Breakdown of Presumptively Reasonable Fees by Estate Size Most families walk into probate with zero understanding of how attorney fees actually work — and Florida’s statutory fee structure catches them off guard. They expect a flat rate. They get a percentage. They expect “simple paperwork.” They get a system where the value of […]
Avoiding Probate Attorney Conflicts of Interest: What You Need to Know
Ethical Considerations When Representing Multiple Family Members in a Florida Probate Probate is already messy — emotionally, financially, and legally. Add in a probate attorney who’s representing multiple people with different interests, and you’re sitting on a legal time bomb. Conflicts of interest don’t just create tension; they can completely derail the case, expose the […]
Probate for Residents Who Die Outside Florida: Jurisdiction Issues
Domicile Determination and Multi-State Probate Problems Families Don’t Anticipate When someone who lives in Florida dies while traveling, staying with family, receiving medical care out of state, or spending time at a second home, families often assume the death location controls probate. It doesn’t. For probate purposes, what matters isn’t where the person died — […]
How Probate Attorneys Work with CPAs and Financial Advisors
A Collaborative Estate Administration Approach That Prevents Mistakes and Delays Probate isn’t just a legal process — it’s a financial one. Estates involve taxes, valuations, debt resolution, account transfers, and investment decisions that go far beyond what a probate attorney handles alone. In well-run Miami estates, attorneys don’t operate in isolation. They coordinate with CPAs, […]
Probate Attorney’s Role in Will Contest Litigation
Defending or Challenging Will Validity in High-Conflict Florida Estates Will contests are the most explosive part of probate. When someone believes a will is unfair, fraudulent, or created under suspicious circumstances, emotions take over — and litigation begins. This is where a skilled probate attorney becomes the difference between preserving the decedent’s true wishes and […]
What Happens When Multiple Wills Are Discovered During Probate?
Competing Testamentary Documents and How Florida Courts Resolve Them Few things derail a probate case faster than discovering more than one will. Families expect a single, clear document that spells out the decedent’s wishes. Instead, they suddenly face conflicting instructions, different beneficiaries, unclear dates, and a legal battle over which document actually controls the estate. […]
