Probate and Trust Litigation Attorneys in Naples, Florida

Understanding Probate and Trust Litigation

Probate litigation involves legal disputes over the administration of a deceased person’s estate, including how assets are distributed and whether the will is valid. Trust litigation, on the other hand, typically arises when beneficiaries, trustees, or fiduciaries disagree over how a trust is managed or interpreted.

Disputes can occur for many reasons — from allegations of undue influence or lack of capacity to questions about tax filings or missing assets. At Jostock & Jostock, P.A., we represent clients on all sides of these matters, working diligently to protect both your financial interests and the integrity of your loved one’s legacy.

Our probate and trust litigation practice covers:

• Probate & Trust Taxation Issues
  
  
• Contested Estates & Trusts
  
  
• Citations to Discover & Recover Assets

Probate & Trust Taxation Issues

Taxation is one of the most complex and often overlooked elements of estate and trust administration. Executors, trustees, and beneficiaries may face unexpected tax liabilities or disputes with taxing authorities if estate taxes, income taxes, or trust distributions are not handled properly.

Our attorneys have deep experience in both tax law and estate administration, allowing us to effectively resolve even the most challenging probate and trust tax matters. We assist with:

• Estate tax filings and compliance with federal and Florida tax requirements
  
  
• Trust income tax returns and fiduciary accounting
  
  
• Gift and generation-skipping transfer tax issues
  
  
• Tax audits, disputes, and litigation related to estate or trust income
  
  
• Minimizing tax exposure for beneficiaries and fiduciaries
  
  

In cases where mistakes have been made in tax filings or distributions, we help clients correct these issues and avoid potential penalties. If disputes arise with the IRS or Florida Department of Revenue, our firm provides strong representation during negotiations, appeals, or formal litigation.

By integrating tax law and estate law under one roof, Jostock & Jostock, P.A. offers a level of service that few firms in Naples can match. Our goal is always to protect the estate’s value and ensure that beneficiaries receive what they are entitled to, free from unnecessary tax burdens.

Contested Estates & Trusts

Unfortunately, not every estate or trust administration proceeds smoothly. Disagreements between heirs, beneficiaries, and fiduciaries can lead to litigation that strains family relationships and delays asset distribution.

Our attorneys are experienced in handling contested estates and trusts, providing both strategic guidance and compassionate counsel to help clients navigate these emotionally charged cases.

We handle disputes involving:

• Validity of wills and trusts — including claims of undue influence, fraud, or lack of capacity
  
  
• Breach of fiduciary duty by executors, trustees, or administrators
  
  
• Improper distributions or mismanagement of assets
  
  
• Disputes among beneficiaries over interpretations of trust provisions or asset valuations
  
  
• Challenges to amendments, codicils, or restatements of trusts
  
  

When possible, we pursue negotiated settlements or mediation to minimize costs and preserve family relationships. However, when litigation becomes necessary, we are aggressive advocates in court — meticulously preparing cases supported by detailed documentation, financial analysis, and expert testimony.

Our approach balances legal precision with empathy, ensuring that your loved one’s legacy is respected and your rights as a beneficiary or fiduciary are fully protected.

Citations to Discover & Recover Assets

In some cases, estate or trust assets may have been wrongfully taken, hidden, or misappropriated. Florida law provides mechanisms to uncover and recover such property through citations to discover and recover assets.

This legal process allows interested parties to:

• Investigate suspected asset concealment or misappropriation
  
  
• Compel individuals to disclose information about estate assets
  
  
• Recover property that rightfully belongs to the estate or trust
  
  

Our attorneys conduct thorough investigations into the financial history of estates and trusts, analyzing transfers, transactions, and account records to identify discrepancies. We then pursue legal action to recover stolen, concealed, or diverted assets — ensuring they are restored to the rightful beneficiaries.

If you suspect a fiduciary, family member, or third party has taken assets unlawfully, Jostock & Jostock, P.A. can initiate discovery proceedings to trace and reclaim those assets efficiently and lawfully.

Why Choose Jostock & Jostock, P.A.

When it comes to probate and trust disputes, experience and precision matter. Our firm stands apart because we combine extensive courtroom experience with deep knowledge of estate and tax law — a combination that allows us to address even the most complex cases effectively.

Clients choose us because:

• We have decades of experience in probate, trust, and tax litigation.
  
  
• Our approach is personalized — every case is handled with the care it deserves.
  
  
• We offer strategic negotiation to resolve disputes whenever possible.
  
  
• Our attorneys are skilled litigators who know how to win in Florida courts.
  
  
• We integrate tax and estate expertise, ensuring your case is managed from every angle.
  
  

At Jostock & Jostock, P.A., we understand that these cases are not just about money — they’re about family, legacy, and justice. Our mission is to ensure that the intentions of your loved one are respected and that your rights are fully upheld under Florida law.