When people think about estate planning, they usually think about wills, trusts, and who gets what. However, one of the most important reasons to have an estate plan in place is to protect your loved ones from future conflict.
Probate litigation, disputes that arise during the process of settling an estate, is more common than many families expect. And while the causes of litigation vary, many of them can be prevented with a thoughtful, proactive estate plan.
At Swank Elder Law, Britton Swank has helped Florida families navigate the probate process for years. She has also seen how painful and costly it can be when a loved one’s wishes are unclear, outdated, or contested. That is why her approach to Floridan estate planning is not just about documentation, it is about reducing risk, building clarity, and preserving family peace.
One of the biggest triggers for probate disputes is ambiguity. When a will or trust is poorly written, vague, or silent on key issues, it opens the door for confusion and competing interpretations. Heirs may disagree about what the deceased truly intended. Beneficiaries may feel blindsided or left out. In some cases, tensions between family members can turn legal, and deeply personal, very quickly.
Another common source of litigation is outdated planning. If your estate plan was created years ago and has not been updated to reflect your current relationships, assets, or wishes, it may no longer serve you or the people you care about. A divorce, a remarriage, the birth of a grandchild, the loss of a loved one, these events should prompt a fresh look at your plan. Without regular updates, your estate plan may accidentally contradict your current intentions or leave key decisions in the wrong hands.
Sometimes, the problem is not what is in the documents, it is how they were created. If a will is signed under questionable circumstances, or if someone believes the person was unduly influenced or lacked capacity at the time, those issues can spark legal challenges. That is why it is so important to work with an experienced Florida estate planning attorney who understands how to draft legally sound documents and protect them from future disputes.
Keep in mind that clear communication can also go a long way. While you are not required to share the details of your estate plan with your family, talking openly about your wishes can help prevent misunderstandings and reduce the risk of conflict down the road. It is not always an easy conversation, but it is often a gift to your loved ones, who will not have to guess or argue about what you would have wanted.
Probate litigation is stressful, time-consuming, and expensive. However, with the right guidance, it is often preventable. Britton Swank works with clients throughout Florida to build strong, customized estate plans that minimize risk and maximize peace of mind. Because the best legacy you can leave is not just about what you pass down, it is about protecting the people who matter most from the pain of uncertainty.