PROBATE, TRUST AND GUARDIANSHIP LITIGATION
We represent corporate fiduciaries, individual trustees and personal representatives, high-net-worth individuals, and beneficiaries in all types of trust, estate, guardianship and other fiduciary litigation. Mr. Mauro is recognized as among the top practitioners in Florida for probate, trust and guardianship litigation, including, for instance,
- Breach of fiduciary claims
- Fiduciary risk management
- Accounting litigation
- Fiduciary surcharge and removal litigation
- Will and trust contests, including undue influence and lack of testamentary capacity
- Guardianship litigation and incapacity proceedings
- Trust modification, reformation and termination
- Will and trust construction proceedings
Our representative matters include:
- On behalf of a personal representative in Florida probate court, obtained dismissal of $300 million creditor’s claim for breach of fiduciary duty
- Obtained summary judgment in favor of beneficiary against trustee who absconded with trust, recovering damages for client and his attorneys’ fees
- Successfully represented large group of intestate beneficiaries of estate against proponents of a terminated trust
- Defeated claims of breach of fiduciary duty on behalf of corporate trustee
- Represented decedent’s children against alleged undue influencer and drafting lawyer, involving damages in excess of $15 million, successfully resolved prior to trial
- Prevailed at trial defending trustee against breach of fiduciary claims involving trustee’s accounting spanning several decades
- Obtained guardianship on behalf of petitioners and staved off challenges to activities of the incapacitated person’s spouse as attorney-in-fact