Uphold Your Loved One’s Last Wishes Through Probate Litigation

Last updated on November 17, 2025

Probate is the process that someone follows to administer the estate of someone who passed away. Usually, an attorney oversees the probate process. Even with an attorney’s guidance, things may not always go according to plan. If a serious legal issue occurs during probate, you may need an experienced attorney to help enforce your loved one’s last wishes.

Here at Graham Legal, P.A., we have more than 30 years of experience in probate litigation. We have been proud to help the Florida community secure the best possible outcome in their legal issue with our extensive and committed litigation services.

What We Offer

We strive to ensure that we offer services that go above and beyond what you would expect from your probate attorney. If you believe there is an issue in the administration of your loved one’s estate, we look at the situation from all angles to identify the right method of correcting any wrongs.

Many issues can call for litigation in the probate process, such as:

• If probate is using an outdated will
• If someone forged the will or completed it illegally
• If someone forced the decedent to create a new will
• If the person who created the will was not of sound mind when they made it

We understand who serious these matters are and how the outcome can impact the decedent’s friends and family. We make it our mission to help you swiftly, accurately and compassionately.

The Responsibilities Of A Personal Representative In Miami Probate Administration

Serving as a personal representative in Miami probate litigation cases carries significant legal obligations. There may even be potential personal liability. Florida probate law imposes strict duties on personal representatives, also called executors. They must navigate complex probate administration requirements while honoring the decedent’s wishes.

What Duties Must Personal Representatives Perform?

Florida law requires personal representatives to complete tasks throughout the probate court process. They must locate and inventory all estate assets. This includes real estate property, bank accounts, investment portfolios, personal property and businesses. Accurate valuation is critical for tax purposes and fair distribution.

Personal representatives must also notify creditors of the decedent’s death through published notices and direct mailings. They must pay valid debts from estate funds. The representative will also file any necessary tax returns. This includes the decedent’s final income tax return and estate tax returns (if the estate exceeds federal or state thresholds). Managing estate property during administration requires maintaining insurance, paying mortgages and utilities, and making prudent investment decisions.

What Legal Obligations And Liabilities Do Personal Representatives Face?

Personal representatives operate as fiduciaries, owing the highest duty of care under Florida law. They must act in the estate’s and beneficiaries’ best interests, not their own. Self-dealing, conflicts of interest and preferential treatment of certain beneficiaries violate fiduciary duties.

Personal representatives must keep detailed records of all transactions, maintain separate accounts and never commingle estate and personal assets. They face personal liability for losses caused by negligence or breach of fiduciary duty. Beneficiaries can file petitions removing personal representatives who fail to perform duties properly.

How Can Probate Attorneys Assist Personal Representatives?

Working with experienced attorneys in estate planning and probate provides personal representatives with crucial support throughout administration. Probate attorneys guide personal representatives through required probate court filings and court appearances. They review asset inventories and valuations for accuracy.

Attorneys also handle creditor claims, determining validity and negotiating disputed debts. They prepare and file all necessary tax returns or coordinate with tax professionals. When disputes arise over a will, probate attorneys provide litigation representation. They protect personal representatives from liability. This professional guidance helps personal representatives fulfill their duties while minimizing legal risk.

Guidance You Can Trust

You deserve a probate attorney who can lead you through the confusing litigation process that comes with estate probate. If you are in the Coral Gables area and need experienced representation for probate litigation needs, call 305-990-0514 or email us here to set up your initial consultation today.