Probate Litigation Attorney Clearwater for Will and Trust Disputes

When Grief Turns to Dispute

Resolving Estate Conflicts With Clarity and Care

After a loss, tension can rise-siblings question a will's validity, beneficiaries worry about a trustee's choices, or an executor is accused of misconduct. Probate litigation covers will contests, trust challenges, and estate lawsuits that require quick action and precise strategy. Castagna Law Firm, P.A. brings steady guidance to families in Clearwater, Belleair, Dunedin, and across Pinellas County so rights are protected and intentions are honored.

Grounds for Contesting a Will or Trust

When the Document Doesn't Tell the Whole Story

Common grounds include improper signing formalities, lack of testamentary capacity, undue influence, fraud, forgery, or ambiguous terms that don't reflect real intent. Florida law sets a high bar for proof, so success depends on details-witness testimony, medical records, timelines, and credible evidence. Our team analyzes the facts and builds a focused case to challenge or defend documents in court.

Trust and Estate Fiduciary Disputes

Holding Trustees and Personal Representatives to Their Duties

Disputes often arise when a trustee delays distributions, commingles funds, or ignores the trust's instructions. Executors and personal representatives can also face removal for conflicts of interest or failing to account. Castagna Law Firm, P.A. pursues accountings, court orders, and, when necessary, removal or surcharge to protect beneficiaries and the estate.

How Castagna Law Can Help

Focused Strategy, Seasoned Advocacy

With 50 years of Florida practice, Edward Castagna pairs meticulous case review with pragmatic guidance. We evaluate documents, medical capacity data, financial records, and witness histories; we seek mediation when it can save time and cost, but we're prepared to take your case to court. From will contests and trust disputes to beneficiary and guardianship conflicts, Castagna Law Firm, P.A. fights for outcomes that reflect a loved one's true wishes.

Preventing Future Disputes

Plan Now to Reduce Tomorrow's Fights

Clear, current documents and coordinated beneficiary designations limit confusion and conflict. Many families learn during litigation that better planning could have avoided the courtroom. If you're updating your own plan, we'll design documents that reduce ambiguity and set expectations for your Clearwater family.

FAQ - Probate Litigation

Direct Answers for Difficult Moments

  • Who can contest a will in Florida?

    Typically, "interested persons" with a stake in the outcome-current beneficiaries, disinherited heirs, or others whose rights are affected. Standing depends on your relationship and the document's terms. We'll assess whether you have grounds and a viable claim.

  • Is there a deadline to contest a will?

    Yes. Deadlines are short and tied to notices issued in the probate process, often measured in weeks-not months. If you received formal notice, contact us immediately so we can preserve your rights.

  • What are signs of undue influence?

    Red flags include isolation from family, sudden changes benefiting a single person, secrecy around drafting, and that person arranging the attorney, witnesses, or payment. We examine patterns, timelines, and testimony to build or defend an undue influence claim.

  • Can a no-contest clause stop challenges in Florida?

    Florida generally does not enforce "no-contest" clauses in wills and trusts. That means a clause threatening to cut someone out for challenging is typically ineffective here. Your strategy should focus on evidence, not fear of a clause.

  • What if a trustee is mismanaging a trust?

    Beneficiaries can demand an accounting, seek court instructions, or petition for removal and surcharge. We move quickly to protect trust assets and enforce the trustee's duties under Florida law.

Resolve Your Estate Dispute

Take Back Control of the Process

From Clearwater Beach to Countryside, timely action makes the difference in probate litigation. Call 727-446-6699 for a free consultation with Castagna Law Firm, P.A. We'll explain your options, set a plan, and work to restore peace so your family can move forward.