Common Causes of Probate Litigation in Blended Families

Families in Orlando and across Florida are becoming increasingly diverse, with second marriages, stepchildren, and adopted children forming complex household structures. While blended families can be a source of joy, they also pose unique challenges when it comes to inheritance and probate. Florida law provides clear procedures for administering estates. Still, emotional tensions and unclear estate plans often lead to disputes in court.

Probate litigation in blended families often arises when one side feels excluded or believes that a will or trust does not accurately reflect the deceased’s true intent. These disputes can be emotionally charged and legally complex, requiring both compassion and a firm understanding of Florida probate law.

Understanding Probate Litigation in Florida

Probate is the legal process of settling a person’s estate after death. In Florida, the Florida Probate Code, found in Chapters 731–735 of the Florida Statutes governs this process. The process typically involves:

Proving the validity of a will if one exists
Identifying and inventorying assets
Paying debts and taxes
Distributing remaining property to beneficiaries

Probate litigation arises when there is disagreement over one or more of these steps. In blended families, conflicts are more likely to arise due to competing relationships, differing expectations, and questions of fairness.

Disputes Over the Validity of a Will

One of the most common sources of litigation is a challenge to the validity of a will. Under Florida Statute §732.502, wills must meet strict formal requirements, such as being signed by the testator and witnessed by two people. If a will does not meet these standards, it can be contested.

In blended families, disputes often arise when:

A stepparent creates a new will that favors their biological children over stepchildren
An older adult changes a will late in life, raising questions of undue influence by a new spouse
Multiple wills surface, with family members disagreeing over which one is valid

Orlando probate courts see many such cases, especially when family members live nearby but have strained relationships.

Claims of Undue Influence

Florida law also recognizes undue influence as a valid basis to contest a will or trust. According to Florida case law, undue influence occurs when someone exerts pressure over the testator to such an extent that the resulting document reflects the influencer’s wishes rather than the testator’s.

Blended families often face these claims when:

A surviving spouse persuades a partner to change the estate plan to exclude children from a prior marriage
A caregiver’s stepchild benefits disproportionately from a revised will
Adult children suspect that a new partner manipulated their parents’ decisions

Florida courts apply a set of legal presumptions when evaluating undue influence, particularly when the alleged influencer had a confidential relationship with the decedent and actively participated in preparing the estate documents.

Conflicts Over Intestate Succession

When someone dies without a valid will, Florida’s intestacy laws control how property is divided. Under Florida Statute §732.102, if a person leaves a surviving spouse and children from another relationship, the spouse receives half of the estate, and the children receive the other half.

In blended families, this statutory division often sparks disputes because:

Stepchildren are not included under intestacy unless legally adopted
Biological children may feel excluded if most assets pass to a surviving spouse
Surviving spouses may believe the statutory share is unfair, given their financial contributions

These conflicts are common in Orlando probate cases where individuals remarry later in life and fail to update their estate plans.

Trust Disputes and Fiduciary Duty

Many families in Florida use trusts to avoid probate. Blended families may later face litigation when the beneficiaries believe a trustee has acted improperly. Under Florida Statute §736.0801, trustees owe fiduciary duties of loyalty and prudence to the trust’s beneficiaries.

Trust litigation often arises when:

Stepchildren claim a trustee favors biological children
Distributions are delayed or denied without a clear explanation
Trustees are accused of mismanaging assets or failing to provide proper accounting

Since many trusts in the Orlando area involve real estate, disagreements often arise over how homes, rental properties, or vacation properties are valued and divided.

Elective Share Disputes

Florida law protects surviving spouses from being disinherited through the elective share statute, Florida Statute §732.201. A surviving spouse is entitled to 30 percent of the estate, regardless of what the will provides.

In blended families, this rule often collides with the interests of children from prior marriages. Common disputes include:

Adult children contesting the surviving spouse’s claim to the elective share
Surviving spouses seeking elective share rights even when a prenuptial agreement exists
Complex calculations of what assets are included in the elective estate

Orlando courts frequently hear elective share disputes because the statute overrides the testator’s written wishes, often creating friction between step-relatives.

Disagreements Over Homestead Property

Florida has strong homestead protections under Article X, Section 4 of the Florida Constitution. When a decedent leaves a surviving spouse and children, the homestead property usually cannot be freely devised. Instead, the surviving spouse often receives a life estate or the option to take a one-half interest as tenants in common.

Blended families often fight over homestead rights because:

Stepchildren may want to sell the property, while the surviving spouse wishes to remain in the home
Questions arise over whether a property qualifies as a homestead
Disputes occur when homestead rules conflict with other provisions in a will or trust

Given the high value of real estate in Central Florida, these disputes are especially significant in Orlando probate courts.

Allegations of Mismanagement by Personal Representatives

The personal representative, often called the executor, has a legal duty to manage the estate properly. In blended families, conflicts arise when beneficiaries believe the personal representative favors one side over another.

Allegations may include:

Failing to provide proper accounting
Selling property for less than fair market value
Delaying distributions without justification

Under Florida Statute §733.602, personal representatives are fiduciaries and must act in the best interests of all beneficiaries. Litigation often arises when that duty is questioned.

Why Blended Families Face Heightened Risk of Litigation

The legal framework for probate applies equally to all families in Florida. But blended families face additional challenges because of:

Competing loyalties between biological children and stepchildren
Emotional histories from prior marriages or divorces
Different financial contributions to the estate
Perceptions of favoritism in estate planning

These dynamics make advanced, professionally-drafted estate planning essential, but when planning falls short, litigation often follows.

Consult Bloodworth Law, PLLC, Today

Probate disputes in blended families are rarely simple. They involve not only legal complexities but also sensitive family relationships. For families in Orlando, the Florida probate courts provide a forum to resolve these conflicts. Still, the process can be stressful and time-consuming without experienced guidance.

At Bloodworth Law, PLLC, we understand the challenges that blended families face when navigating the probate process. Our team combines understanding with a strong approach to help clients safeguard their interests while being mindful of family dynamics. If you are involved in a probate dispute in Orlando or anywhere in Central Florida, we are here to help you understand your rights and the legal options available.

Call us today at 407-449-8958 to schedule a consultation.