Find Lawyers in Florida, United States for Litigation - Trusts and Estates
Practice Area Overview
Trusts and Estates Litigation proceedings encompass a variety of matters including conservatorships, guardianships, will contests, claims or defense of claims of breaches of fiduciary duties by trustees and other fiduciaries (e.g., self-dealing, conflicts of interest, breach of trust), accountings, petitions for court instructions, issues of trust modification and reformation, allegations or protection from allegations of undue influence or fraudulent conveyances, and interpretation, advocacy, or defense of testamentary capacity and decedent’s intent.
The practice of Trusts and Estates also includes litigation prevention matters including review and consultation of the policies, practices, and proposed actions of corporate, charitable, and individual fiduciaries against national or state standards for acceptable fiduciary conduct, such as the Uniform Prudent Investor Act, Uniform Principal and Income Act, and malpractice standards.
All of these proceedings take place under the auspices of state Probate Codes and the nuanced procedures of the probate and surrogate courts – the statutory authority and venue under which nearly all trust, probate, guardianship, and conservatorship matters are adjudicated.
Clients vary widely by case and include corporate or individual fiduciaries, such as trustees, executors, administrators, guardians, and conservators, and also include corporate and individual beneficiaries, conservatees, and wards.
Lawyers practicing in this area combine substantive expertise in their states' laws governing the administration of decedents’ estates, wills and intestate succession, trusts, conservatorships, guardianships, and other fiduciary issues with years of experience trying cases before both judges and juries. Lawyers also must take a collaborative and cross-disciplinary analytical approach with other disciplines such as estate planning, real estate, bankruptcy, corporate, and securities law, as well as complex civil and appellate law.
Beyond the difficult legal proficiencies demanded of lawyers in this practice area, cases involving Trusts and Estates issues also require special skills and experience in dealing with the psychology of difficult family relationships, shattering emotional experiences, such as death and incapacity, and often ill-thought-out estate plans.
In selecting counsel in a Trusts and Estates Litigation matter, it is critical to select experienced counsel as these types of cases are fraught with procedural, ethical, and state and federal tax minefields. The best of the best in this field not only bring substantial litigation and probate court experience, but also have additional skills as mediators, arbitrators, and negotiators in the non-litigated resolution of trust, estate, and protective proceedings controversies, helping resolve extremely difficult cases without costly litigation.
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Cities
Frank Adams is a Fellow in the American College of Trust and Estate Counsel and is listed in the current edition of The Best Lawyers in America, in the areas of trusts and estates, and trust and estates litigation. He is an AV-rated attorney, and is Board Certified in Wills, Trusts and Estates. Frank practices primarily in sophisticated estate planning and administration, including wills; revocable and irrevocable trusts; asset protection planning; special needs trusts, probate; estate, gift ...
Jeffrey A. Baskies is a graduate of Trinity College (B.A., with highest honors, 1988) and Harvard Law School (J.D., cum laude, 1991). He is admitted to practice in Florida and Massachusetts. A seasoned trusts and estates lawyer, Jeff routinely advises wealthy families, entrepreneurs, athletes, celebrities and other clients regarding wealth transfer planning and asset protection planning. As part of his diverse practice, Jeff counsels clients on charitable planning (including the creation of p...
Hamden was born in Clearwater, Florida, and is a third-generation lawyer. Hamden attended Florida State University, where he obtained his Bachelors of Science degree in 1976, followed by his Master’s Degree in Criminology in 1979. Hamden attended Oklahoma City University Law School, and graduated with Honors, in 1983, and after serving as a staff attorney, to the Honorable Patricia Robinson, First District Court of Appeal, he attended the University of Florida, where he obtained his Mas...
Brandon D. Bellew, a partner at Johnson Pope Bokor Ruppel & Burns, LLP, provides outstanding representation in the areas of trust, estate and guardianship litigation and has done so during his entire career. He represents clients throughout Florida in all types and phases of contested issues relating to trusts, estates and guardianships.He frequently writes articles and lectures on trust, estate and guardianship litigation topics. He is very active in the Florida Bar’s Real Property...
Juan D. Bendeck is certified by the Florida Bar as a Board Certified Specialist in Wills, Trusts and Estates. Board certification recognizes attorneys’ special knowledge, skills and proficiency in various areas of law and professionalism and ethics in practice. Juan focuses his practice in estate planning, estate administration and asset protection planning. He formulates and drafts tax-efficient estate plans for his clients, including more advanced and novel estate planning techniques ...
Christopher W. Boyett co-chairs Holland & Knight's National Private Wealth practice. Mr. Boyett advises domestic and international wealthy families throughout Florida on sophisticated estate planning strategies and options and counsels family businesses on succession planning and tax planning. Additionally, he advises both institutional and individual clients on estate and trust administration issues. He is an Adjunct Professor at the University of Miami School of Law, Graduate Program in...
Lenore Brakefield is a Naples native and graduated cum laude from the University of Florida Levin College of Law. She focuses her law practice on civil and commercial litigation, including construction litigation matters. Lenore also handles local government law, code enforcement violations, community association law, real estate law, and contract and transactional matters. Additionally, Lenore is a Certified Financial Litigator (CFL™) by the American Academy for Certified Financial Lit...
Allison Christensen concentrates her practice in litigation, focusing on Southwest Florida (Collier and Lee Counties) but also throughout the State of Florida. She embraces the opportunities that litigation presents to resolve disputes among people who are unable to do so themselves. Patient, dedicated and resourceful, Allison works to give a voice to people whose interests are not being considered and, especially in the probate litigation area, often allows her to ensure that decedents' plan...
Nicholas E. Christin joined Wicker Smith in 1997 and is a Managing Partner in the Miami office. He maintains a general commercial practice with an emphasis on estate planning, estate administration, probate litigation and the representation of professionals and other individuals in their professional practices and business entities. Since 1979, Mr. Christin has been an adjunct professor in the University of Miami LL.M Program in Estate Planning. He has taught Income Taxation of Trusts and Est...
Neil R. Chrystal is a founding shareholder of Dunwody White & Landon, P.A. Mr. Chrystal attended Case Western Reserve University in Cleveland where he received his J.D., and Baldwin-Wallace College in Berea where he received his undergraduate degree in business administration. He attends numerous continuing legal education seminars annually. Mr. Chrystal is admitted to the Florida, Ohio and Federal Bar, U.S. Tax Court. Mr. Chrystal is a Fellow of the American College of Trust and Estate C...
For more than 25 years, Patrick has represented clients in complex litigation and appellate matters in both federal and state courts. He has extensive litigation and trial experience with cases involving fiduciary litigation, estates and trust litigation, non-compete agreements, contract disputes, business valuations, business dissolution, employment disputes, business torts, intellectual property, products liability, real estate litigation, professional malpractice and other business dispute...
Joseph W. "Jay" Fleece, III, is a native Floridian having been born and raised in St. Petersburg. Mr. Fleece started practicing law in 1980 with the firm of Belcher & Fleece, P.A., and subsequently joined Holland & Knight, where he was a partner heading up the litigation department of the St. Petersburg office. In 2004, Mr. Fleece joined with Hamden H. Baskin, III, and founded the law firm of BaskinFleece, located in Clearwater, Florida. In 2017 Mr. Fleece moved his practice back to S...
Jeffrey M. Folkman is experienced in all phases of estate and charitable planning for individuals and families, including those where family-owned businesses are involved. Plans range from the modest in size to the very large and sophisticated. He works extensively with corporate trustees, financial planners, insurance agents, accountants and consultants. Jeffrey is also experienced in the administration of trusts and estates. Jeffrey is knowledgeable with stock and asset acquisitions, dispos...
John D. Gast has decades of experience working with families as they plan their estates. John has lived in Southwest Florida for over 30 years and concentrates his practice on estate planning, charitable gift planning, life insurance, domicile planning, probate litigation, trust and estate settlement and taxation. John knows each family is different and works with them to craft a custom plan that fits their individual needs.
James R. George practices in the areas of fiduciary litigation, including litigation arising from estates, trusts and guardianships. Mr. George often serves as an expert witness and as mediator in trust and estate matters. Mr. George earned his undergraduate degree from the University of St. Michael’s College in the University of Toronto and his J.D., with Honors, from the State University of New York at Buffalo Law School. Mr. George is a Fellow of the American College of Trust and Est...
Peter Goldman litigates complex business cases, including class action and mass tort cases, of an extremely wide variety before judges and juries in state and federal court and arbitration panels. A considerable segment of his practice is concentrated in the representation of various healthcare corporate entities relating to corporate structure and defense of upstream professional liability claims made against parents, subsidiaries, affiliates, officers, and directors.Mr. Goldman has extensiv...
Robert B. Judd is a shareholder whose practice encompasses estate and healthcare planning, the administration of complex estates and trusts, and probate, trust, and fiduciary related litigation. Originally from upstate New York, Mr. Judd has been a resident of Fort Lauderdale since 1985. He has earned an AV Preeminent rating as independently determined by Martindale-Hubbell, has been designated in “Best Lawyers in America” for several years in the areas of trusts and estates and r...
Abbey Kaplan is a seasoned trial lawyer known for taking on complex cases and crafting creative strategies for tackling the most complicated legal issues in commercial litigation and business tort cases. A Founding Member of Kluger Kaplan, Abbey has extensive experience handling partnership and corporate breakups, real estate development disputes including banking and broker controversies, professional liability disputes, corporate finance issues, contract disputes and intellectual property. ...
Rohan Kelley practices with The Kelley Law Firm, P.L. in Ft. Lauderdale, where he limits his practice to wills, trusts and estates and major case fiduciary litigation. Mr. Kelley was admitted to practice in Florida in 1965. He is Florida Bar board certified in Wills, Trusts and Estates, having been granted automatic certification as an original member of the Wills, Trusts and Estates Certification Committee of the Florida Bar. He later served as chairman of that Committee. He is also a past c...
As Partner-in-Charge of Hahn Loeser’s Naples, Florida office, Mark R. Klym focuses his practice in estate planning. Mark assists clients in developing succession plans, drafting limited liability companies and start-ups, administration of trusts and guardianships as well as the administration of estates. Mark offers clients a wealth of experience in the preparation and implementation of all segments of estate plans, including durable powers of attorney, health care directives, revocable...
Edward F. Koren is a partner in Holland & Knight's Tampa and Lakeland offices and leads the firm's Private Wealth practice. His practice is focused on wealth planning and protection for entrepreneurs and multi-generational business owners and serves clients across the country. Mr. Koren is past chair of the American Bar Association's Real Property, Probate and Trust Law Section; former American College of Trust and Estate Counsel Regent and past chair of its Estate and Gift Tax Committee;...
Theodore Kypreos is a Shareholder and member of Jones Foster's Board of Directors. As an experienced trial and appellate attorney, Theo focuses his practice in?the areas of probate and trust litigation, trust and estate administration, guardianship law, and fiduciary litigation. He represents corporate and individual fiduciaries, beneficiaries, and heirs in all probate, trust, and guardianship settings including will?and trust contests,?breach of trust actions, trustee removal and accounting ...
Laird A. Lile has been recognized as a Best Lawyer for 27 years and was named a Top 10 Florida Super Lawyer in 2018, 2019, 2020 and 2021. He has been named to Florida Trend's list of the Top 500 Most Influential Business Leaders in Florida in 2018, 2019 and 2020. Laird has practiced law in Florida since 1984, specializing in estate and trust matters. Laird is certified by The Florida Bar as a Wills, Trusts and Estates lawyer (since 1989), is a Fellow in the American College of Trust and Estat...
Richard C. Milstein concentrates his practice on complex, not so complex, and high conflict trust, probate, estate, and guardianship litigation and administration, and family law matters. With Richard’s over four decades of experience in these areas, he ably assists clients and members of families, whether related or not, with resolution of their issues in a caring and sensitive manner. In addition to litigation and administration services, Richard provides life and estate planning advi...
Martindale Peer Review Rating: A/V Rated 5.0/5.0 AVVO Rating: 10.0/10.0 Florida Legal Elite: 2011, 2013 Florida Super Lawyers: 2010, 2011, 2012, 2013 Litigation Counsel of America, Fellow: 2013 Education: California Western School of Law, J.D., 1983; University of South Florida, B.A., 1979; Syracuse University 1975-1977; Gerry Spence Trial Lawyers College Graduate 2012 Certifications: Certified Circuit Civil Court Mediator; Family Law Mediator, 1995-2004 Memberships: The Florida Bar 1983-pres...
Charles (Chuck) Rubin is Florida Bar Board Certified Tax Attorney and managing partner of Gutter Chaves Josepher Rubin Forman Fleisher Miller P.A., a boutique law firm located in Boca Raton which practices principally in the areas of tax, estate planning, trusts and estates, and trust and estate litigation. He has authored numerous publications, including BNA Tax Portolios, books, and articles published in national publications such as the Journal of Taxation and Estate Planning. Since 2005 h...
EXPERIENCE Charles joined the firm after graduating law school in 1989. He is a board certified civil trial attorney and handles a wide variety of civil litigation cases. His experience includes cases involving businesses disputes, trust and estate litigation, construction defect litigation, and litigation involving non-competition agreements and other restrictive covenants. DISTINCTIONS & MEMBERSHIPS Admitted to The Florida Bar – 1989 Florida Bar Board Certified in Civil Trial Law ...
Lauren has spent her career working closely with high-net-worth individuals and business owners to structure their estate plans and business holdings in a tax and administratively efficient manner. She designs and implements sophisticated wealth transfer strategies to maximize the protection of her clients’ wealth for generations. Lauren’s wealth preservation practice includes minimizing federal income, estate, gift, and generation-skipping transfer taxes, business succession plan...
Theodore L. Tripp Jr. has more than four decades of experience handling a wide range of complex civil lawsuits in both state and federal courts. This includes acting as lead trial counsel in significant business disputes, probate, trust and other litigation matters. He has represented businesses, business owners, personal representatives, trustees, municipal and county governments, and landowners in multimillion-dollar litigation at both the trial and appellate level in state and federal cour...
Diana S.C. Zeydel focuses her practice on estate, trust and tax planning for high net worth individuals and families. Her practice includes planning for U.S. and non-U.S. citizens and residents. She specializes in sophisticated intra-generational wealth transfer strategies and business succession planning. She assists clients in litigated probate, trust and guardianship matters, and represents clients before the Internal Revenue Service in matters involving complex fiduciary income tax and es...
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