The Waiting Rule

Under § 736.0207(2), Florida Statutes, an action to contest the validity of a revocable trust, or the revocation of part of one, may not be commenced until the trust becomes irrevocable by its terms or by the settlor’s death. If an entire revocable trust has been revoked, a challenge to that revocation cannot begin until after the settlor dies. The same statute, in subsection (1), places the burden on the person contesting the trust to establish the grounds for invalidity.

Why Florida Draws the Line Here

A revocable trust can be changed by the person who created it. While it stays revocable, the trustee’s duties are owed to that person alone, according to § 736.0603(1), Florida Statutes. In that setting, a relative’s expected inheritance is a hope rather than a legal right. Courts are not asked to referee a plan the owner is still free to rewrite. The rule also spares families a different kind of cost: a lawsuit over a document that may be changed again next month, or that may never take effect in the form anyone feared. Many relatives find the waiting hard, but the statute reflects a choice to let the person who created the trust remain in charge of it.

One Exception and a Few Things Families Consider

The statute does not prohibit an action by the guardian of the property of an incapacitated settlor. Beyond that, relatives who are worried often explore options such as:

• Talking openly with the settlor about the plan
• Keeping their own dated notes about what they have observed
• Asking whether a guardianship question exists
• Learning which grounds Florida recognizes later, since § 736.0406 makes a trust or part of a trust void if it was procured by fraud, duress, mistake, or undue influence

What Changes After a Death

Once the trust becomes irrevocable, a challenge becomes possible, and time limits can begin to apply. That is why questions about notices and deadlines tend to come up quickly after a loss. Families who have been waiting for years may suddenly face a short timeline, and what felt like a distant legal question becomes an immediate one.

Worried about a loved one’s trust? An attorney can walk through how these rules might apply to your situation. At Edward J. Jennings, P.A., our Fort Lauderdale probate litigation attorneys welcome your questions. Reach out through the contact form on our website, and we will set up a confidential conversation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/Sections/0736.0207.html

The Rule in Plain English

Section 736.0604, Florida Statutes, says an action to contest the validity of a trust that was revocable at the settlor’s death is barred if it is not started within the earlier of two periods. One is the time provided in chapter 95 of the Florida Statutes. The other is six months after the trustee sent the person a copy of the trust instrument and a notice. Whichever period ends first controls.

What Actually Starts the Clock

The six months does not begin on the date of death. It begins after the trustee sends the person a copy of the trust instrument along with a notice that covers three points:

• The trust exists
• The trustee’s name and address
• The time allowed for commencing a proceeding

Because the period is tied to what the trustee actually sent, the details of that mailing can matter a great deal. What was included, and when it went out, are fair questions to ask.

Not to Be Confused With the Court Filing

Families sometimes mix this up with a different trustee task. Under § 736.05055, Florida Statutes, after the death of the settlor of certain trusts, the trustee must file a notice of trust with the court. That filing lists the settlor’s name, the date of death, the title and date of the trust, and the trustee’s name and address. The section deals with estate expenses and obligations. It does not mention the contest deadline, so treating the two notices as the same thing is an easy mistake to make.

Why the Timing Matters

A missed deadline can end a claim before a judge ever hears it. Evidence also fades over time, since records get lost and memories blur. And because the statute looks at when the trustee sent the materials to “the person,” one relative’s deadline may not match another’s.

If a trustee’s notice has landed in your mailbox, an attorney can help you understand what it says and what may follow. Our Fort Lauderdale trust litigation lawyers at Edward J. Jennings, P.A. are glad to talk it through. Call us at (954) 764-4330 to schedule a consultation, and let us look at the timeline together.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/Sections/0736.0604.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/Sections/0736.05055.html

Why Trust Disputes Happen

Trust conflicts tend to grow out of a small set of recurring problems:

• A trustee who fails to provide regular accountings or account for missing funds.
• Investment decisions that seem reckless, self-interested, or simply neglectful.
• Vague or contradictory language in the trust document itself.
• A trustee who favors one beneficiary over others, whether intentionally or not.
• Allegations that the trust was created or amended under pressure or diminished capacity.

Because a trust can remain active for years or even decades, small problems that go unaddressed have a way of compounding into much larger ones by the time anyone notices.

The Trustee’s Job Is Not Optional

A trustee is bound by fiduciary duties. That means acting in the beneficiaries’ best interests, managing assets prudently, avoiding conflicts of interest, and keeping beneficiaries reasonably informed. When a trustee falls short of these obligations, whether through carelessness or something worse, beneficiaries are not required to simply wait it out.

What Beneficiaries Can Actually Do

Beneficiaries who suspect something is wrong have more options than many realize. They can formally request a full accounting of trust assets and transactions. They can petition a court to compel that accounting if the trustee resists. In serious cases, Florida law allows a court to remove a trustee entirely. Under Fla. Stat. § 736.0706, a settlor, co-trustee, or beneficiary can ask a court to remove a trustee for a serious breach of trust, persistent failure to administer the trust effectively, or other qualifying circumstances, and the court can also act on its own initiative.

Documentation Changes Everything

As with most trust disputes, the strongest cases rest on paper trails rather than gut feelings. Bank statements, correspondence with the trustee, prior accountings, and the trust document itself all matter. Patterns are more persuasive than a single missed email, so beneficiaries who track concerns over time, rather than reacting to one bad moment, tend to build the more credible case.

Trust disputes touch both money and family relationships, often at the same time, which makes them uniquely stressful to navigate alone. Whether the concern involves a trustee who has gone silent or a document whose meaning is genuinely unclear, our team at the office of Edward J. Jennings, P.A. helps Fort Lauderdale families get real answers and, when necessary, real accountability. Reach out to discuss what your situation may call for.

Source:
flsenate.gov/Laws/Statutes/2025/736.0706

Where These Disputes Usually Start

Complex probate fights rarely erupt out of nowhere. They tend to trace back to a handful of recurring triggers:

• A late-in-life will or amendment that dramatically changes prior estate plans.
• Allegations that the deceased lacked the mental capacity to understand what they were signing.
• Suspicion that someone isolated the deceased and pressured them into new terms.
• A personal representative who mismanages assets, delays accountings, or plays favorites among beneficiaries.
• Ambiguous or contradictory language buried inside the will or trust itself.

Recognizing which of these is driving the conflict matters, because the legal theory used in a will contest looks nothing like the theory used to remove a negligent personal representative.

Build a Record Before You Build an Argument

Contested probate cases are won or lost on evidence, not emotion. Before filing anything, it helps to gather medical records, correspondence, financial statements, and witness accounts that establish a timeline. Was the decedent under medication that affected judgment? Did the same person who benefited from the change also arrange the meeting with the estate planning attorney? Courts want facts, and a well-documented record turns a family’s suspicion into something a judge can actually evaluate.

Use Discovery Strategically, Not Just Procedurally

Once litigation begins, discovery becomes the real engine of the case. Depositions of the drafting attorney, the witnesses to the signing, and any caregivers involved can surface inconsistencies that never would have come out otherwise. Requests for financial records can reveal transfers that happened suspiciously close to the date of death. Complex disputes often settle not because one side gives up, but because discovery makes the outcome predictable enough that trial no longer makes sense.

Know When to Negotiate and When to Litigate

Not every probate dispute needs to go the distance. Mediation can resolve contested estates faster and with less damage to family relationships, particularly when the dispute centers on interpretation rather than misconduct. But when there are credible allegations of undue influence or a fiduciary breach, a willingness to litigate, and to litigate well, is often what protects an estate’s actual value from being eroded by delay or mismanagement.

Florida law gives personal representatives real authority, but it also holds them to real standards. Under Fla. Stat. § 733.617, a personal representative’s compensation is tied to the value and complexity of the estate they administer, which is one reason disputes over their conduct carry financial weight well beyond hurt feelings.

Complex probate disputes are rarely simple math problems with one obvious answer. They require sorting fact from suspicion, building a record before making an accusation, and knowing which battles are worth fighting. If your family is navigating one of these situations, Edward J. Jennings, P.A. can help. We work with clients throughout Fort Lauderdale to build the kind of case strategy that protects both an estate and the people left holding it together.

Source:

flsenate.gov/Laws/Statutes/2025/733.617

What Counts as a Breach

A breach of fiduciary duty isn’t limited to outright theft, though that certainly qualifies. It can also include mismanaging trust or estate assets, failing to invest prudently, refusing to provide an accounting of transactions, favoring one beneficiary over another, missing required filings, or using estate funds for personal benefit. The common thread running through all of it is a fiduciary putting their own interests, convenience, or carelessness ahead of the obligations they agreed to take on when they accepted the role.

The Court’s Toolbox

Florida Statute 736.1001 gives courts wide latitude once a breach has been established. Available remedies include compelling the fiduciary to perform their duties, enjoining further breaches, ordering repayment of misused funds or restoration of property, imposing a lien or constructive trust on assets that were wrongfully disposed of, and reducing or denying compensation the fiduciary would otherwise be entitled to receive. The statute also allows a court to fashion whatever additional relief is necessary to restore beneficiaries to the position they should have occupied had the breach never happened, giving judges considerable flexibility to fit the remedy to the harm.

When Removal Becomes Part of the Remedy

In more serious cases, financial remedies alone aren’t enough to protect the estate going forward. When that happens, the court may also remove the offending fiduciary from their role entirely and appoint a replacement to finish administration properly. Because these cases often move quickly once assets are genuinely at risk of being lost or dissipated, beneficiaries who suspect a problem are usually better served by raising it sooner rather than waiting to see whether things improve on their own.

Why Documentation Matters Early

Cases involving fiduciary breach tend to turn on records: bank statements, prior accountings, correspondence, and receipts showing where estate or trust funds actually went. Beneficiaries who start gathering that information as soon as they notice a problem, rather than after months of uncertainty, generally give their attorney far more to work with when it’s time to petition the court.

Fiduciary breaches can quietly drain an estate or trust long before anyone notices the full extent of the damage, which is exactly why prompt legal guidance matters. At Edward J. Jennings, P.A., our Fort Lauderdale probate litigation attorneys have represented beneficiaries throughout Broward County in holding negligent and self-dealing fiduciaries accountable. Contact our office today to schedule a consultation and learn what remedies may be available in your situation.

Why Disagreements Happen in the First Place

Most estate conflicts don’t start with greed. They start with confusion, or with old family dynamics resurfacing at the worst possible time. Common triggers include:

• A will that seems to favor one child over another, or leaves out someone entirely
• Vague language about who gets sentimental or high-value property
• Suspicion that a parent was pressured or manipulated before signing estate documents
• Disputes over whether the personal representative is managing assets fairly
• Confusion between what an old will says and what a person’s more recent wishes actually were

Any one of these can turn a routine estate into a contested one, and multiple heirs pulling in different directions can add months to a case that might otherwise have wrapped up quickly.

The Legal Reality: Disagreement Doesn’t Freeze the Estate

A common misconception is that if heirs can’t agree, everything simply stops until someone gives in. That isn’t how Florida law treats it. The personal representative still has a job to do, and creditors, taxes, and court deadlines don’t pause for a family dispute.

What does change is the path forward. Instead of a straightforward distribution, the estate may head toward mediation, a formal court hearing, or a negotiated agreement among the parties. Notably, Florida law specifically allows heirs to work out their own arrangement. Under Fla. Stat. § 733.815, interested persons may enter into a private written contract altering how the estate’s assets are divided, and the personal representative is generally required to follow that agreement once it’s signed. In practice, this means a lot of “unfixable” disputes are actually solvable outside of a courtroom, if everyone can get to the table.

When Mediation Isn’t Enough

Not every disagreement ends in a handshake. Some heirs won’t budge, and some disputes involve allegations serious enough that mediation isn’t realistic, such as claims that a will was forged, that a sibling used undue influence over an aging parent, or that a personal representative is mismanaging the estate. In those cases, the matter typically proceeds toward formal probate litigation, where a judge resolves what the family could not.

This is also where timing matters. Florida has specific windows for challenging a will or objecting to a personal representative’s actions. Waiting too long to raise a concern can mean losing the right to raise it at all.

What Heirs Can Do Right Now

If you’re in the middle of a family disagreement over an estate, a few practical steps can help:

• Get a copy of the will, trust, or estate inventory before assuming the worst
• Put concerns in writing rather than relying on phone calls or texts alone
• Avoid taking unilateral action with estate property while a dispute is unresolved
• Consider whether mediation is realistic before pushing toward litigation

Every family situation is different, and there’s no universal script for resolving an inheritance dispute. What tends to work is getting an accurate read on where things legally stand before emotions decide the next move. We handle these disagreements regularly, and we’d welcome the chance to look at your situation and talk through what’s realistic. If your family is caught in this kind of standoff, Edward J. Jennings, P.A. can help you sort out the options. Call our office at (954) 764-4330 or fill out our online contact form to set up a consultation.

If you’re heading into a contested estate matter, it helps to know roughly what you’re looking at before the bills start arriving.

Personal Representative and Attorney Compensation

Florida sets out fee schedules that courts treat as presumptively reasonable for both the personal representative and the probate attorney, and litigation tends to push both well past the baseline numbers. Under Florida Statute 733.617, a personal representative’s ordinary compensation runs 3 percent on the first $1 million of the estate’s value, with lower percentages on amounts above that. Florida Statute 733.6171 sets a similar structure for attorney compensation. Those figures cover ordinary administration. Contested proceedings, depositions, and trial preparation are considered extraordinary services, billed separately, and this is usually where costs start to add up.

Court Costs and Expert Witnesses

Filing fees, service of process, and certified copies are relatively small individually but stack up over a drawn-out case. The bigger expense in a contested matter is usually expert testimony. Disputes over mental capacity or undue influence often require medical experts, forensic accountants, or handwriting analysts, and their fees can rival the attorney fees themselves.

Why Contested Cases Take Longer, and Cost More Because of It

An uncontested estate might close in several months. A contested one can stretch past a year once you factor in:

• Discovery, including document production and depositions.
• Pretrial motions over procedural or evidentiary issues.
• Scheduling delays tied to court availability.
• The possibility of an appeal if either side disagrees with the outcome.

Every extra month means more billable time, more property carrying costs, and more opportunity for the estate’s value to be eaten into before anyone receives a distribution.

Get a Clear Picture Before You Commit to Litigation

Nobody wants to spend more of an estate on legal fees than necessary, but sometimes litigation is the only way to protect what a loved one actually intended. Before you decide how to move forward, it’s worth sitting down with someone who can walk through the likely costs and timeline for your specific situation. Edward J. Jennings, P.A. represents Fort Lauderdale probate litigation clients throughout Broward County, and our Fort Lauderdale probate litigation attorneys can help you weigh your options with a realistic sense of what’s ahead. Call our office today to schedule a consultation.

Source:

flsenate.gov/Laws/Statutes/2024/733.6171

Know Your Rights as a Beneficiary or Heir

Florida law outlines specific protections for people entitled to an inheritance. If you’re named in a will, you generally have the right to receive notice that probate has been opened, to review the will and estate inventory, and to receive an accounting of how the estate is being managed. If someone dies without a valid will, Florida’s intestacy laws determine who inherits, typically starting with a surviving spouse and children.

Surviving spouses also have a separate protection worth knowing about. Florida allows a spouse to claim an elective share of the estate rather than accept what a will provides, if that amount would leave them with less than the law allows. Under Florida Statutes Section 732.2065, the elective share generally amounts to 30 percent of the elective estate. This exists precisely because family situations don’t always play out as expected, and spouses shouldn’t be left with nothing.

Watch for Warning Signs

Certain situations should raise a red flag. These include:

• A will that was changed shortly before death, especially in favor of a new caretaker or acquaintance
• An executor who refuses to provide financial information or updates
• Assets that seem to have disappeared from the estate
• A decedent who was isolated from family or appeared to be under someone else’s control near the end of life

None of these automatically mean wrongdoing occurred, but they are common patterns in cases involving undue influence or mismanagement.

Steps You Can Take

If you believe your inheritance rights are being threatened, timing matters. Florida imposes strict deadlines for challenging a will or objecting to how an estate is handled, and missing those windows can mean losing your ability to act altogether. It’s also important to gather documentation early, including prior versions of a will, medical records if capacity is in question, and any communications that might shed light on what happened.

Because these matters often involve emotionally charged family dynamics, having a knowledgeable third party review the situation can help you see the legal issues clearly, separate from the personal history involved.

Protect What You’re Entitled To

Inheritance disputes rarely resolve themselves, and waiting too long to act can permanently limit your options. If you have concerns about a will, an estate’s administration, or your share as a surviving spouse, our Fort Lauderdale probate litigation attorneys can review the details of your situation and explain the paths available to you. Contact Edward J. Jennings, P.A. today to schedule a consultation and find out how we can help you protect your inheritance.

Source:

flsenate.gov/Laws/Statutes/2025/0732.2065

Formal Administration: The Standard Route

Formal administration is the process most people picture when they think of probate. The court appoints a personal representative, who is responsible for gathering assets, notifying creditors, paying valid debts, and eventually distributing what remains to the beneficiaries. It typically takes several months to a year or more, especially if the estate is complicated or if anyone contests the will. This route is required for most larger estates and gives creditors, beneficiaries, and the court a structured process to work through.

Summary Administration: The Shortcut

Summary administration skips the appointment of a personal representative entirely. Instead, the court can enter an order distributing assets more or less directly to the beneficiaries, often within weeks rather than months. Florida law lays out exactly when this option is available under Florida Statutes Section 735.201. As of July 1, 2026, that threshold changed significantly, and the update matters if you are trying to figure out which category an estate falls into.

Do You Qualify for Summary Administration?

An estate generally qualifies for summary administration in one of two situations:

• The value of the estate subject to administration in Florida, after subtracting property exempt from creditors’ claims, is $150,000 or less.
• The person has been deceased for more than two years, regardless of how much the estate is worth.

Keep in mind that homestead property and certain exempt assets are usually excluded when calculating that dollar figure, so an estate that looks larger on paper might still qualify. The new $150,000 figure only applies to people who passed away on or after July 1, 2026. Estates involving someone who died before that date are still measured against the old $75,000 threshold.

Figuring Out Which Process Applies to You

The difference between these two paths can mean months of waiting versus a matter of weeks, and it can mean a noticeable difference in legal fees along the way. The tricky part is that figuring out what actually counts toward that threshold, and whether an estate truly qualifies, is not always straightforward. Every estate looks a little different once you start accounting for exempt property, outstanding debts, and other details that do not show up on the surface. Our Fort Lauderdale probate attorneys at Edward J. Jennings, P.A. help families sort through exactly this kind of question every day. If you are trying to figure out whether an estate can move through summary administration or needs the formal process, give us a call and we will help you map out the right path forward.

Source:

flsenate.gov/Laws/Statutes/2025/735.201

What the Law Actually Requires

Under Florida Statutes section 733.212, a personal representative must promptly serve a copy of the notice of administration on the decedent’s surviving spouse, beneficiaries, and certain trustees, among others. This notice is what starts the clock. Once someone receives it, they generally have three months to object to the validity of the will, the court’s jurisdiction, or the venue where the case was filed. Miss that window, and those objections may be barred permanently.

That three-month deadline is not something a personal representative can casually extend. The statute allows for very limited exceptions, such as when the personal representative misrepresented the deadline itself. Simply forgetting to mention it, or dragging out communication, is not enough to reopen the door once it closes.

Why Gaps in Notice Happen

Notice failures are not always intentional. An estate can involve blended families, estranged relatives, or beneficiaries who moved without leaving a forwarding address. Sometimes a personal representative genuinely does not know a person exists or believes, wrongly, that someone has no legal interest in the estate. Other times, the omission is less innocent, and a family member is left out on purpose because their objection is anticipated.

Whatever the cause, the result is the same for the person who never got notice: they may be operating on an outdated understanding of the estate while decisions are being made without their input.

What Happens When Notice Falls Short

If a personal representative fails to serve proper notice on someone entitled to it, that person’s three-month clock to object may never have started running against them. This does not mean the entire probate case grinds to a halt automatically, but it does open the door to challenges that a properly noticed estate would have avoided. Courts take procedural fairness seriously in probate matters because so much depends on interested parties having a real chance to weigh in.

An overlooked beneficiary who later learns the estate is already being distributed may need to move quickly to protect their position. Waiting too long, even after discovering the problem, can create its own complications.

Steps If You Suspect You Were Left Out

Anyone who believes they should have received notice of an estate but did not has options. Reviewing the probate court’s file, requesting documentation of what was served and when, and understanding how the three-month period applies to a late notice are all part of sorting out where things stand.

If you think you were entitled to notice in a Florida probate case and never received it, the guidance of an attorney matters. Reach out to the Fort Lauderdale probate notice of proceedings attorneys at Edward J. Jennings, P.A. We can review what happened and help you figure out the right next step. Call our office or fill out our online form to set up a time to talk.

Source:

flsenate.gov/Laws/Statutes/2024/733.212