Probate Litigation Attorney in Coral Gables
Cross-Border Probate Litigation for High-Net-Worth Families
When a probate proceeding turns adversarial, the legal landscape shifts quickly. Probate litigation covers the full range of disputes that arise inside an estate: challenges to a will’s validity, claims that a personal representative has breached fiduciary duty, contested creditor claims, and disagreements over distribution. For high-net-worth families whose estates span Latin America, the Caribbean, or Central America, these disputes carry an additional layer of jurisdictional and tax complexity that standard local probate practice may not be built to handle. Bridgepointe Global Counsel handles probate litigation in Coral Gables, FL from a practice grounded in international estate planning, probate law, and international tax strategy.
Since 2015, we’ve handled thousands of complex estate and tax matters. We offer bilingual representation in English and Spanish, and our fully remote process means international heirs, beneficiaries, and personal representatives can participate without traveling to Miami-Dade.
If you’re facing a contested probate matter, contact our probate litigation attorneys in Coral Gables for a free consultation. Call (786) 289-9515 or reach us online.
Why a Cross-Border Background Changes How We Handle Probate Disputes
Saidin M. Hernandez founded Bridgepointe Global Counsel in 2015 to serve high-net-worth individuals and families with cross-border financial lives. That foundation shapes how we approach every probate dispute. When beneficiaries or personal representatives carry reporting obligations in multiple countries, the tax consequences of estate distributions become an active issue during litigation, not a question to sort out after settlement. Asserting or defending rights across multiple jurisdictions may require coordinating across separate legal systems at the same time.
Many probate litigators work within a single jurisdiction. We bring asset protection and international tax strategy into the litigation context, which changes how we evaluate claims, identify leverage points, and anticipate downstream consequences for our clients. Bilingual representation removes language friction when communicating with parties, documents, or opposing counsel across borders, and our fully remote model means international clients can work with us from their home country.
Probate Litigation in Miami-Dade’s 11th Judicial Circuit
Estate disputes arising in Coral Gables fall under the Probate Division of Florida’s 11th Judicial Circuit, located at the Osvaldo N. Soto Miami-Dade Justice Center. The division is staffed by six circuit judges and two general magistrates with jurisdiction over estates, trusts, and guardianship matters. That court’s procedural requirements carry real consequences: Miami-Dade’s Probate Division mandates use of Probate Smart Forms and compliance with Administrative Order 22-02, which requires docket index numbers or motion identifiers on all proposed orders. These requirements affect case pacing in ways that can catch unprepared counsel off guard.
The Florida Probate Code governs notice requirements and limitation periods that determine whether a claim can still be brought. Florida courts also require mediation before a probate trial can be scheduled, creating a structured opportunity to pursue resolution before a full hearing.
Talk to a Probate Litigation Lawyer in Coral Gables
Probate disputes in Florida move on strictly enforced timelines. The sooner you have counsel involved, the more options may remain on the table. Whether you’re a beneficiary questioning how an estate is being managed, a personal representative facing a challenge, or an international heir navigating Miami-Dade court from abroad, we can help.
We offer free consultations, bilingual service in English and Spanish, and a fully remote process that works from anywhere in the world. Contact Bridgepointe Global Counsel at (786) 289-9515 or schedule your consultation online.
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Types of Probate Disputes in Florida
Probate litigation covers more ground than will contests alone. The categories below represent common adversarial proceedings in Florida estate matters, particularly those involving high-net-worth or cross-border estates.
Will Validity Challenges
Under Florida Statute 732.5165, a will is void if its execution was procured by fraud, duress, mistake, or undue influence. A will can also be challenged on the ground that the testator lacked testamentary capacity at the time of signing, a standard governed by Florida Statute 732.501. These challenges require examining medical records, witness testimony, and the circumstances surrounding execution, often years after the fact.
Personal Representative Disputes
Under Florida Statute 733.602, a personal representative is a fiduciary who must act in the best interests of all interested persons. Breach of that duty can result in removal, surcharge proceedings, or civil claims. Common triggers include failure to account for assets, self-dealing, unreasonable delay in administration, and improper distribution.
Creditor Claims
Creditors served directly in a Florida probate proceeding have 30 days to file a claim; those notified by publication have three months. Disputes over the validity, timeliness, or amount of those claims are a frequent source of litigation, particularly in estates with business interests or complex liability histories.
Intestate Succession Disputes
When a decedent dies without a valid will, Florida’s intestacy statutes govern distribution. These proceedings often generate disputes over asset identification and allocation, particularly when the decedent had children from multiple relationships or held assets across several countries.
Lifetime Transfer Challenges
Transfers of property made before death under questionable circumstances, including claims of undue influence, civil theft, or elder abuse, can be challenged in Florida probate proceedings. These claims frequently intersect with the same facts underlying a will contest.
How a Contested Probate Matter Proceeds in Florida
Knowing the stages of a Florida probate dispute helps parties act before key windows close.
Stages of a Contested Probate Matter
A contested matter typically moves through filing a petition or complaint, serving all interested persons, a discovery phase where documents and testimony are gathered, court-mandated mediation, and, if unresolved, a bench trial before the probate judge. Limitation windows are strictly enforced: objections to accountings, admissions of wills to probate, and creditor claims each carry defined periods after formal notice is received, and missing them may eliminate a claim entirely.
What to Gather Before Your Consultation
Before your consultation, it’s useful to gather any available will and amendments (codicils), court filings from the probate proceeding, inventories and accountings provided by the personal representative, and written communications about the estate from any party. Signing waivers or reaching side agreements with other heirs outside the formal process can limit your ability to raise claims or defenses later. Both challengers and personal representatives benefit from having counsel involved before any documents are signed.
Personal representatives in Florida are generally required to retain a probate attorney. Beneficiaries and other interested parties aren’t required to have counsel, but they face significant procedural disadvantages without it.
“To compel a man to furnish funds for the propagation of ideas he disbelieves and abhors is sinful and tyrannical.”
— Thomas Jefferson
Protecting Wealth. Advising Generations.
International & Bilingual Expertise
Bridgepointe specializes in cross-border legal and tax matters, offering services in both English and Spanish to clients across the U.S., Latin America, and beyond.
Personalized, White-Glove Service
Clients receive dedicated, one-on-one attention with an emphasis on discretion, trust, and tailored strategies that reflect their unique goals.
Comprehensive Wealth & Business Solutions
The firm provides an integrated suite of services—from estate planning and asset protection to international tax and corporate compliance—designed for clients with complex, global needs.
Family & Legacy-Focused Approach
Bridgepointe’s mission centers on protecting wealth, preserving legacies, and giving families lasting confidence for generations to come.
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