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Florida Fiduciary Litigation

Representing Beneficiaries, Trustees, and Personal Representatives

When an estate or trust isn't being handled the way the law requires, there are remedies. This firm knows how to pursue them.

Who We Help

Who This Firm Represents

This firm takes cases on both sides of a fiduciary dispute, depending on the circumstances.

Beneficiaries

If you are a beneficiary of a trust or estate and you believe the trustee or personal representative is mismanaging assets, withholding information, making improper distributions, or acting in their own interest rather than yours, Robyn can assess your legal options and pursue remedies on your behalf.

Trustees and Personal Representatives

If you are a trustee or personal representative acting in good faith and facing a challenge from a beneficiary or co-fiduciary, Robyn can help you understand your legal obligations, respond to claims, and defend your administration where the challenge is unfounded.

Executors Facing Estate Disputes

If you have been named executor of an estate and are navigating conflict among heirs, contested distributions, or a will challenge, this firm provides litigation support through the probate process.

Florida Probate & Trust Litigation — Statewide

Fiduciary Litigation Support That Fits Your Situation

Fiduciary litigation is the legal process for addressing those breaches. It covers disputes between beneficiaries and the fiduciaries managing their interests, challenges to the conduct of trustees and personal representatives, contested accountings, removal proceedings, and related estate litigation across Florida.

The Law Office of Robyn L. Lesser, P.A. focuses on this area of law specifically, representing both beneficiaries whose interests are being harmed and fiduciaries who need guidance navigating complex legal obligations or defending against unfounded challenges.

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Trustee & Executor Disputes

Disputes involving the conduct of a trustee or executor, including breach of fiduciary duty, failure to account, self-dealing, and removal proceedings.

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Beneficiary Representation

Legal representation for beneficiaries whose rights are being ignored, delayed, or actively violated by a fiduciary managing a trust or estate.

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Will & Trust Contests

Legal challenges to the validity of a will or trust, including contests based on undue influence, lack of capacity, fraud, or improper execution.

What Fiduciary Duty Actually Meanand What Happens When

It's Violated

A fiduciary is someone legally obligated to act in another person's best interest. In the context of estates and trusts, that means trustees, executors, and personal representatives — the individuals appointed to manage assets, make distributions, and administer estates on behalf of beneficiaries or heirs. When a fiduciary breaches that duty, whether through self-dealing, failure to account, improper distributions, or outright misappropriation, the damage to beneficiaries can be significant and lasting.

What Fiduciary Duty Means in Plain Terms


A fiduciary duty is a legal obligation to put someone else's interests ahead of your own. In Florida estate and trust law, it means the trustee or executor must manage assets prudently, keep accurate records, communicate with beneficiaries, make distributions according to the governing document, and avoid any transaction that personally benefits them at the expense of the estate or trust.

When a fiduciary fails to meet those obligations, Florida law gives affected parties the right to take legal action. That action can include compelling an accounting, seeking the fiduciary's removal, pursuing financial recovery for losses caused by the breach, and in serious cases, pursuing surcharge — a legal remedy that holds the fiduciary personally liable for damages.

If something feels wrong with how an estate or trust is being handled, it is worth a conversation with an attorney. You do not need certainty to make that call. You need enough concern to want answers.

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What We Handle & Why

Situations This Firm Handles

These are examples of the types of matters this firm regularly addresses. Names and identifying details are not included. If your situation resembles one of these, a consultation is the right next step.

A beneficiary contacts the firm after receiving no communication from a trustee for over a year. No accountings have been provided, distributions have been inconsistent, and the trustee — a sibling — appears to be living in a property that belongs to the trust. Robyn assesses whether the trustee has breached their duty to account and distribute, and whether removal proceedings are warranted.

An adult child has been named personal representative of a parent's estate and is now facing accusations from a sibling that assets were transferred improperly before the parent's death. The sibling has retained an attorney and threatened litigation. Robyn steps in to defend the personal representative's conduct and evaluate whether the claims have legal merit.

A surviving spouse discovers after a partner's death that assets she believed were held jointly were placed into a trust she knew nothing about. The trustee — a child from the deceased's prior marriage — is refusing to provide documents or communicate. Robyn pursues legal action to compel disclosure and protect the surviving spouse's rightful interests.

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What to Expect & Next Steps


A member of the team will assess the situation directly and give you a clear read on whether this firm can help, whether the matter calls for a different specialist, or whether you need more information before making any decisions. You won't leave that conversation without a clear sense of your options.


Consultations are available by phone, virtually, or in person at the Orlando office. The firm handles fiduciary litigation statewide across Florida, serving clients in Orange County and throughout the state, including Seminole County, Osceola County, Broward County, Miami-Dade County, Hillsborough County, Pinellas County, Lee County, Brevard County, and the Jacksonville area.

Why Clients in Florida Choose This Firm

The Law Office of Robyn L. Lesser, P.A. is an Orlando-based fiduciary litigation practice serving clients throughout Florida. Robyn L. Lesser is a member of the Florida Bar — Real Property, Probate and Trust Law Section — and the Orange County Bar Association, a former assistant state attorney, and a volunteer with the VALOR Project legal aid initiative. The firm has focused on probate administration and fiduciary and trust litigation since 2015.


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FAQs

 About

Fiduciary

Litigation in Florida

  • What is fiduciary litigation in Florida?

    Fiduciary litigation is the legal process for resolving disputes involving trustees, executors, and personal representatives who have legal obligations to manage assets on behalf of others. In Florida, these cases typically proceed through the circuit court's probate division and can involve breach of duty claims, removal proceedings, contested accountings, and financial recovery for damages caused by misconduct.

  • Can I sue a trustee in Florida for mismanaging an estate?

    Yes. Florida law imposes strict fiduciary duties on trustees, including the duty to administer the trust in good faith, invest assets prudently, account to beneficiaries, and avoid self-dealing. When a trustee violates those duties, beneficiaries can pursue legal remedies including surcharge, removal, and recovery of misappropriated assets through Florida's circuit courts.

  • What is a breach of fiduciary duty in Florida?

    A breach of fiduciary duty occurs when a trustee, executor, or personal representative fails to meet their legal obligations to the beneficiaries or estate they serve. Common examples include failing to provide accountings, making improper distributions, using estate or trust assets for personal benefit, and failing to follow the terms of the governing document.

  • How do I report a trustee for mismanaging an estate in Florida?

    The primary avenue is civil litigation through Florida's probate court. An attorney can file a petition to compel accounting, seek the trustee's removal, or pursue a surcharge claim for damages. There is no administrative reporting body for private trust mismanagement in Florida — the legal system is the enforcement mechanism.

  • Does fiduciary litigation always mean going to court?

    Not always. Some disputes are resolved through mediation, negotiated settlement, or voluntary corrective action by the fiduciary once legal pressure is applied. Litigation is pursued when those paths are unavailable or have failed. This firm assesses all options honestly before recommending a course of action.

  • Can a fiduciary litigation attorney near Orlando handle my case if I'm in another part of Florida?

    Yes. The firm is licensed throughout Florida and regularly handles fiduciary litigation matters for clients across the state from its Orlando office.