Trust and estate litigation is expanding in tandem with Florida’s older adult population and greater life expectancy. According to the latest Census Bureau statistics, Florida continues to lead in net migration of Baby Boomers. Baby Boomers, the wealthiest generation in history, are approaching retirement age. As this generation approaches retirement age, advancements in health care enable them to live longer but often with decreased physical and mental capabilities—resulting in an increase in disputes over the transition of wealth to future generations.
Not only is the volume of trust and estate disputes growing, but the variety of issues also continues to expand. Traditional claims that wealth transfers are invalid because of lack of capacity or undue influence continue to dominate Florida’s courts, but often-times with a modern twist.
