• Monday, April 22, 2024


Probate & Trust

Probate & Trust Litigation

The Florida Probate and Trust Litigation Committee is responsible for presenting periodic seminars regarding current probate and trust litigation topics, analyzing statutory changes and cases affecting probate and trust litigation, and otherwise providing input on issues involving probate and trust litigation.  If you are interested in becoming a Committee member, please contact any of the Chairs.



May 29-June 3, 2024
 Location: Bonita Springs, Florida




We Thank the Sponsor of This Committee:

Coral Gables Trust 
Current Projects: 
Statutory Discharge of Trustees
The subcommittee is investigating whether Florida should join a growing trend with five other states that have passed a statute that can best be described as a "statutory release." The concept is to provide a mechanism when a trust terminates, a trustee resigns, or is removed by the terms of the trust, to provide for an acclerated way by which the trustee can give full disclosure and notice to all beneficiaries, and then after a certain period of time, the trustee is released to the same extent as if an order of discharge had been entered by the Court.
Successor Trustee Claims
The subcommittee is exploring whether a successor trustee should be barred from bringing an action against a former trustee if the trust beneficiaries are barred,
Later-Dated/Discovered Wills Subcommittee
The subcommittee is studying whether the Florida Probate Code needs to clarify the deadline for a proponent of a later-discovered will to bring that action due to ambiguities and potential conflicts contained in Florida Statutes Sections 733.212, 733.2123, and 733.208.
Trust Contests and Distribution Issues Subcommittee
The subcommittee is studying the applicable statutes of limitations for revocable trusts, comparing the limitations period for other jurisdictions, and studying whether the limitations period should be amended or clarified in the Florida Trust Code, and whether a statute of repose should be implemented.
Ad Hoc Best Practices for Remote Proceedings Subcommittee
The subcommittee is studying the best practices for remote court proceedings. 
Ad Hoc Summary Judgment Standard Subcommittee
The subcommittee is studying the proposed new summary judgment standard in Florida and comparing the new standard to the existing standard and working with other Sections of the Florida Bar to provide comments to the Florida Supreme Court's proposal.  

Robert ("Lee") McElroy, IV, Chair 

Cady L. Huss and Darren M. Stotts, Co-Vice Chairs