Dealing with Disputed Real Estate in Florida Trust and Estate Litigation

Real estate, with its inherent value and emotional ties, often finds itself at the heart of trust and estate disputes. In the context of Florida’s dynamic property market and its intricate legal landscape, such disputes can become particularly complex. This post seeks to shed light on disputed real estate within trust and estate litigation in Florida, guiding beneficiaries, trustees, and concerned parties towards a clearer path of resolution.

The Genesis of Disputes

Several factors can lead to real estate disputes within trust and estate contexts:

  • Ambiguous Wills: When a will is unclear on the distribution or management of real estate, disputes can arise among beneficiaries or between beneficiaries and executors.
  • Undocumented Oral Commitments: Sometimes, deceased individuals might have made verbal promises regarding property, leading to contention if these aren’t reflected in formal documents.
  • Trustee Mismanagement: Beneficiaries might challenge trustees if they believe the latter isn’t managing real estate assets in the trust’s best interests.
  • Changes in Property Value: Given the fluctuating nature of real estate markets, sudden surges in property values can lead to heightened disputes, especially if distribution becomes inequitable.

Navigating the Legal Landscape

  • Mediation: Before litigation, parties are often encouraged (or even mandated) to attempt mediation. This collaborative approach, facilitated by a neutral mediator, seeks to find a mutually agreeable resolution.
  • Statute of Limitations: Florida law sets specific time limits within which challenges to trusts or estates must be initiated. Being aware of these timelines is critical to ensuring that rights aren’t forfeited.
  • Undue Influence and Capacity: Two common grounds for disputing wills or trusts in Florida are claims that the decedent was unduly influenced or lacked the mental capacity to draft the document. In the context of real estate, these claims can drastically affect property distribution.
  • Election against the Will: In Florida, a surviving spouse has the right to “elect” against the will, choosing to take a portion of the estate instead of what the will provides. This can influence real estate distribution if the property was part of the disputed assets.

Tips for Smooth Sailing

  • Seek Expertise: Engaging with an attorney experienced in Florida’s trust and estate litigation landscape is crucial. Their insights can streamline the process, ensuring rights are protected.
  • Document Meticulously: Keeping comprehensive records of all communications, agreements, and appraisals related to the disputed real estate can prove invaluable during litigation.
  • Stay Informed: Florida’s laws regarding trusts, estates, and real estate can be intricate. Regularly review any changes or reforms to ensure compliance and awareness.


Real estate disputes in trusts and estates can be emotionally charged, given their convergence of familial ties, financial implications, and legal complexities. However, with an understanding of Florida’s legal terrain and the right guidance, parties can navigate these disputes with a sense of clarity and purpose. Whether through mediation or litigation, the focus remains on ensuring fair resolutions, honoring the intentions of the departed, and safeguarding the rights of the living.