Probate, Trust, and Guardianship Appeals

If you have received an unfavorable decision from a probate, trust, or guardianship court in Florida, you may have the right to appeal the decision and ask a Florida appellate court to review the trial court decision.  Just like the probate process in Florida, deadlines in Florida appeals come fast, and it is important that you contact a Florida appellate lawyer as soon as possible after the trial court renders a decision in your probate, trust, or guardianship case.

What Kind of Florida Probate and Guardianship Court Decisions Can You Appeal?

In Florida you can appeal orders in probate and guardianship cases that finally determine a right or obligation of an interested person.  These orders include orders entered in Florida will contests on issues of undue influence and lack of capacity, surviving spouse rights cases, breach of fiduciary duty and accounting disputes, homestead disputes, and orders determining incapacity in guardianship litigation. Rule 9.170 of the Florida Rules of Appellate Procedure sets forth 25 orders that finally determine a right or obligation in Florida probate and guardianship cases, including orders that:

1. 1. 1. determine a petition or motion to revoke letters of administration or letters of guardianship;
      2. determine a petition or motion to revoke probate of a will;
      3. determine a petition for probate of a lost or destroyed will;
      4. grant or deny a petition for administration under section 733.2123, Florida Statutes;
      5. grant heirship, succession, entitlement, or determine the persons to whom distribution should be made;
      6. remove or refuse to remove a fiduciary;
      7. refuse to appoint a personal representative or guardian;
      8. determine a petition or motion to determine incapacity or to remove rights of an alleged incapacitated person or ward;
      9. determine a motion or petition to restore capacity or rights of a ward;
      10. determine a petition to approve the settlement of minors’ claims;
      11. determine apportionment or contribution of estate taxes;
      12. determine an estate’s interest in any property;
      13. determine exempt property, family allowance, or the homestead status of real property;
      14. authorize or confirm a sale of real or personal property by a personal representative;
      15. make distributions to any beneficiary;
      16. determine amount and order contribution in satisfaction of elective share;
      17. determine a motion or petition for enlargement of time to file a claim against an estate;
      18. determine a motion or petition to strike an objection to a claim against an estate;
      19. determine a motion or petition to extend the time to file an objection to a claim against an estate;
      20. determine a motion or petition to enlarge the time to file an independent action on a claim filed against an estate;
      21. settle an account of a personal representative, guardian, or other fiduciary;
      22. discharge a fiduciary or the fiduciary’s surety;
      23. grant an award of attorneys’ fees or costs;
      24. deny entitlement to attorneys’ fees or costs; or
      25. approve a settlement agreement on any of the matters listed above in (b)(1)–(b)(24) or authorizing a compromise under section 733.708, Florida Statutes.

The list of orders in Florida Rule of Appellate Procedure 9.170 is not exclusive, and so it is important to contact a Florida and Palm Beach County appellate attorney to determine whether the order entered in you Florida probate or guardianship litigation case can be appealed.

What Kind of Florida Trust Decisions Can You Appeal?

Some of the most common Florida trust litigation disputes involve contesting the validity of a trust, breach of fiduciary duty, and trust reformation and modification.  Final judgments entered after a trial in a trust dispute can generally be appealed. Once a final judgment is entered in a Florida trust litigation matter, the deadline to appeal begins to run.

How Long Do You Have To Appeal A Florida Probate, Trust, or Guardianship Court Decision?

To appeal a Florida probate, trust, or guardianship decision, it is important to know what kind of decision was rendered, and what kind of appeal can be taken. The deadline to appeal most decisions is within 30 days of the rendition of the order. However, this deadline can depend on post-decision motions filed in the trial court. It is important to contact a Florida and Palm Beach County probate, guardianship, and trust appellate attorney immediately after a decision is rendered so that you can understand your appeal options.

Contact a Florida and Palm Beach County Appellate Attorney for Help with Probate, Trust, and Guardianship Appeals

At Comiter Singer, we have attorneys experienced with appeals stemming from probate, trust, and guardianship disputes.  Our appellate department works with our estate litigation department to make sure that your interests are protected in the trial court and through appeal. It is important to contact a Florida and Palm Beach County appellate attorney with a deep understanding of probate, trust, and guardianship litigation to make sure that correct arguments are made on appeal. An experienced probate, trust, and guardianship appellate attorney is in the best position to present your case clearly and persuasively to a Florida appellate court.

Once an order or final judgment has been entered in a Florida probate, trust, or guardianship dispute, you may have the right to appeal the decision. If you want to appeal an unfavorable order, or defend an order favorable to you, we can help. Please contact us online or toll-free at 1-800-226-1484 to get started.