Contested Estates
Resolving estate disputes with compassion and practical solutions
Guiding families through difficult estate disputes
Balanced representation focused on resolution, not conflict
When disagreements arise over an estate, emotions and family relationships can quickly become strained. At Parker & Maloney, we help clients navigate these challenging moments with professionalism and empathy. Our approach focuses on finding practical, fair outcomes while keeping disputes as civil and efficient as possible. Whether you’re contesting a will, questioning an executor’s actions, or facing complex inheritance issues, we work to protect your rights and restore order during an uncertain time.
Common reasons for estate disputes
Understanding what causes conflict and how to address it
Estate disputes can develop for many reasons, often rooted in miscommunication or differing expectations. We help clients identify the core issue and determine the best path forward before tensions escalate.
- Will contests – Allegations of undue influence, lack of capacity, or improper execution can lead to formal challenges in court.
- Executor conduct – Beneficiaries may question how the executor is managing estate assets or whether obligations are being fulfilled.
- Asset distribution conflicts – Disagreements can arise over property valuation, fairness of distributions, or unclear instructions in estate documents.
- Family misunderstandings – Emotions can cloud decisions and strain relationships, making professional guidance essential.
Our firm prioritizes early intervention and open communication to prevent prolonged or costly litigation whenever possible.
Our approach to resolving disputes
Structured negotiation backed by legal experience
We believe most estate disputes can be resolved through clear communication and practical compromise rather than prolonged courtroom battles. Our attorneys take time to understand each party’s perspective, evaluate the legal merits of every claim, and develop a resolution strategy that minimizes emotional and financial tolls. When appropriate, we engage in mediation or structured settlement discussions to reach agreements efficiently. If litigation becomes necessary, we represent our clients firmly and professionally while always seeking the most equitable result possible.
Protecting executors and beneficiaries alike
Fair guidance for all parties involved
Estate disputes rarely fall into simple categories, and tensions can rise even when everyone is acting in good faith. Executors and Personal Representatives are legally required to understand and carry out the decedent’s intent, and they do not have discretion unless explicitly authorized. Beneficiaries may feel confused or left out, especially when communication is limited or the process takes longer than expected. Our firm supports both executors and beneficiaries by ensuring duties are fulfilled lawfully, documentation is handled correctly, and accurate information is shared when needed. This balanced, transparent approach helps keep estates on track and reduces the risk of unnecessary conflict for all involved.
Related Probate services
Preventing disputes before they begin
Proactive planning that promotes peace of mind
Many estate conflicts can be avoided with clear, well-drafted documents and open discussions before issues arise. We help clients design estate plans that leave no room for confusion or unintended ambiguity. This includes precise wording in wills and trusts, defined executor responsibilities, and coordinated beneficiary designations. By addressing potential pressure points early, we help families reduce the likelihood of future litigation. Effective planning today can spare loved ones unnecessary stress tomorrow.
Common questions about contested estates
Answers that bring clarity to complex family matters
What does it mean to contest a will?
Contesting a will means challenging its validity in court, often based on claims of undue influence, lack of capacity, or errors in execution. It’s a serious legal action that requires evidence and experienced representation. Our firm evaluates the facts, explains your options, and helps you pursue or defend a claim effectively. We handle estate disputes throughout Miami, Fort Lauderdale, and across South Florida with professionalism and care.
Can executors be held personally responsible for estate disputes?
Executors must act in good faith and follow the law, but they can face personal liability if they mishandle estate funds or fail to fulfill their duties. We help executors maintain proper documentation, meet deadlines, and communicate transparently to prevent such risks. With our guidance, they can perform their roles confidently and within the law. Our attorneys regularly assist clients serving as executors in both Florida and Hawaii.
How long do estate disputes usually last?
The length of an estate dispute depends on the complexity of the issues and the willingness of parties to cooperate. Some can be resolved within months through negotiation, while others may take longer if court hearings are required. Our firm emphasizes early communication and structured solutions to shorten timelines whenever possible. We’ve represented families from South Florida to Honolulu, offering consistency and support across multiple jurisdictions.
Is going to court always necessary in contested estates?
No, not always. Many disputes can be resolved through mediation or attorney-facilitated settlements without court involvement. We aim to reach agreements that are fair, enforceable, and preserve family harmony. Litigation is reserved for cases where resolution cannot be reached through cooperative means. Our attorneys have successfully handled both in-court and out-of-court resolutions for clients from Fort Lauderdale to Northern New Jersey.
How can disputes be prevented in future estate plans?
The best prevention is clear, consistent documentation and open dialogue between family members. Regularly updated wills, trusts, and powers of attorney reduce misunderstandings and legal ambiguity. We work with clients to design plans that minimize gray areas and clearly express their intentions. Whether you live in Miami, Honolulu, or anywhere in between, proactive planning can help families avoid unnecessary conflict and financial strain later.