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Trust & Estate Litigation

Experienced Trust & Estate Litigation Attorneys In Florida

Trust & Estate litigation can take on a variety of forms, ranging from challenges of the validity of the Will or Trust to challenging the actions of the Personal Representative or Trustee. Where to file the lawsuit is one of the first issues to be resolved. As an initial matter, Florida Statute 736.0204 provides where venue is proper for a Trust or Estate proceeding.

Venue can be established in three ways:

  • where it is proper under Florida Statutes Chapter 47,
  • where a plaintiff or defendant beneficiary resides or has its principal place of business,
  • or where the trust has its principal place of administration.

Generally, only Irrevocable Trusts are the subject of litigation. This is because a Revocable Trust is still under the control of the settlor. In this way, the property has not vested in the beneficiaries and is still technically the settlors. Thus, the settlor is free to revoke, change, or alter the trust in any way they see fit.

When Is Estate Litigation Necessary?

Estate litigation usually arises when a conflict develops between the Trustee and Beneficiaries or between the Personal Representative and beneficiaries and it cannot be resolved informally. So one of more of the parities (for litigation purposes will be known as the Plaintiff or Petitioner) will initiate a lawsuit and ask the Court to resolve the conflict for them. Most estate litigation cases are litigated in probate Court, unless there are causes of action alleged that require a jury trial. If a jury trial is required, the case will be handled in circuit civil Court, rather than in probate Court.

The most common estate and trust litigation cases include:

  • Challenging the validity of a Will or Trust
  • Seeking to have a Personal Representative removed for breach of fiduciary duty
  • Seeking to have a Trustee removed for breach of fiduciary duty
  • Objecting to a Formal Accounting
  • Objecting to the Distribution of Estate Assets
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Experienced Trust & Estate Litigation Lawyers

There are Short Deadlines to file a Trust or Estate Actions.

Florida law sets forth strict deadlines to file lawsuits against Trustees or Personal Representatives for Breach. There are short deadlines to Objection to Annual Accountings. There are extremely short deadlines to contest the validity of a Will or Trust. If you miss the deadlines to file the lawsuit, you will be forever barred. Thus, it is critical to contact to Horton Law Group, P.A. to meet with a qualified member of our team.

Trust Contest Statute of Limitations Statute

  • The time as provided in chapter 95; or
  • Six months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust’s existence, of the trustee’s name and address, and of the time allowed for commencing a proceeding.

Filing Deadline for a Will Contest

  • Florida law provides a very strict filing deadline for will challenges (generally 90 days after the notice of administration has been filed). Florida Statute §733.212 outlines the process and deadlines for the filing of objections to a will, stating:

“Any interested person on whom a copy of the notice of administration is served must object to the validity of the will, the qualifications of the personal representative, the venue, or the jurisdiction of the court by filing a petition or other pleading requesting relief in accordance with the Florida Probate Rules on or before the date that is three months after the date of service of a copy of the notice of administration on the objecting person, or those objections are forever barred.”

  • The deadline for contesting a Will can be further limited depending on the type of notice you are served with.  The deadline may be as little as 20 days from receipt of notice. Thus, it is imperative that you contact the Horton Law Group, P.A. immediately if you are considering filing a Will Contest

Filing Deadline to Object to a Trust Accounting

  • Objections to a final trust accounting may be filed by any interested party who has not filed a waiver or consent, and, to be considered by the court, any such objections must be filed with the court and served on the original fiduciary within 60 days after a copy of the final trust accounting and notice of the filing of the final trust accounting have been sent to such interested person.

Filing Deadline to Object to a Probate Accounting

Pursuant to the Florida Rules of Probate Procedure, Rule 5.401 an interested person has 30 days to object to a Final Accounting and Petition for Discharge within thirty (30) days after service of the documents.

Will and Trust Contest Litigation

Irrevocable Trusts can be contested as to their validity. For a trust to be valid, the settlor must have the capacity to create the trust and must have the intent to do so. Florida Statute 736.0402. As well, the trust’s purpose must be lawful, consistent with public policy and possible to achieve. Florida Statute 736.0404. Also, like a Will contest, a trust can be challenged under the notion that it was created under fraud, duress, mistake or undue influence. Any portion of the Will or Trust found by a court to be procured by fraud, duress, mistake or undue influence will be deemed Void under the Law.

Trust Modification Actions

Under the Florida Trust Code, a Trust can be modified in various circumstances.

Florida Statute 736.04113 allows a trust to be modified when not inconsistent with the settlor’s intent. However, this is only allowed where the purposes of the trust have been fulfilled or have become illegal, impossible, wasteful, or impracticable to fulfill; circumstances not anticipated by the settlor, compliance with the terms of the trust would defeat or substantially impair the accomplishment of a material purpose of the trust; or a material purpose of the trust no longer exists. But under this statute, the court has the power to amend or change the terms of the trust or prohibit the trustee from performing acts.

Florida Statute 736.04115 allows judicial modification where such modification is in the best interest of the beneficiaries. Under this statute, a trust can be modified in similar ways to 736.04113, discussed above. Under this statute, it is the best interest of the beneficiaries that is the controlling criteria for modification. Consequently, it is possible for 736.04115 to be used to modify a trust in a manner that is inconsistent with the settlor’s intent.

It is also possible to modify a trust by nonjudicial means. Under Florida Statute 736.0412, a qualifying trust may be modified in any of the ways described previously upon the unanimous agreement of the trustee and all qualified beneficiaries. However, 736.0410(2) allows any beneficiary to commence a judicial proceeding to have a court review a proposed nonjudicial modification.

There are other methods of modifying and terminating a trust. For instance, uneconomic trusts (those with under $50,000 in assets of where the cost of administration cannot justify the continuance of the trust) can be modified or terminated under Florida Statute 736.0414. As well, 716.0416 allows modification to achieve a settler’s tax objectives. As well, under the common law and statutes of Florida, a trust can be reformed for any mistakes (i.e. a scrivener’s error). 736.0415; In re Estate of Robinson, 720 So. 2d 540 (Fla. 4th DCA 1998). But the above mentioned means of modification constitute the most commonly used methods of trust reformation.

Breach of Fiduciary Duty Litigation

A person designated as a Trustee of the Trust owes a fiduciary duty to all of the beneficiaries.  A Persona Representative of an Estate owes a fiduciary duty to all of the beneficiaries.  An Executor of the Will owes a fiduciary duty to all of the beneficiaries.

A breach of fiduciary duty occurs when the fiduciary (the trustee or personal representative or executor) acts in an unreasonable way.

Examples of Breach include:

  • Embezzlement of estate funds
  • Comingling estate funds with their own
  • Self-Dealing
  • Excessive Fees
  • Failure to account for estate assets
  • Failure to invest estate assets
  • Failure to keep the beneficiaries informed
  • Treating one beneficiary differently, or worse, then the others
  • Failure to make timely distributions
  • Failure to administer the trust
  • Failure to pay the decedent’s debts of which result in a lawsuit against the estate
  • Breach of contract
  • Fraud
  • Theft
  • Engaging in exploitation of an elder or disabled person

qtq80 9rnt8aBreach of fiduciary duty cases are usually filed by a beneficiary to seek damages for the fiduciary to make the estate whole again.  In addition, removal proceedings, are usually initiated against the fiduciary to have them removed from serving as the fiduciary of the estate.   If the court finds the fiduciaries breaches of fiduciary duty resulted in a financial gain to that fiduciary by improper means, the court can “surcharge” the fiduciary, or make that person pay the estate back by using her or her own personal funds to do so.

Removal Proceedings

Fiduciaries can generally be removed by the beneficiaries if they fail to fulfill those duties adequately. Florida Statute 733.504 provides a list of causes to remove a personal representative.

 

These reasons include:

  • Adjudication that the personal representative is incapacitated
  • Physical or mental incapacity rendering the personal representative incapable of the discharge of his/her duties
  • Failure to comply with any order of the court, unless the order has been superseded on appeal
  • Failure to account for the sale of property or to produce and exhibit the assets of the estate when so required
  • Wasting or maladministration of the estate
  • Failure to give bond or security for any purpose
  • Conviction of a felony
  • Insolvency of, or the appointment of a receiver or liquidator, for any corporate personal representative
  • Holding or acquiring conflicting or adverse interests against the estate that will or may interfere with the administration of the estate as a whole. This cause of removal shall not apply to the surviving spouse because of the exercise of the right to the elective share, family allowance, or exemptions, as provided elsewhere in this code
  • Revocation of the probate of the decedent’s will that authorized or designated the appointment of the personal representative
  • Removal of domicile in Florida, if domicile was a requirement of initial appointment
  • The personal representative was qualified to act at the time of appointment but is not now entitled to appointment

The list above applies to personal representative of an estate.  The list for removal of a Trustee is similar in nature.

Power of Attorney Fraud Litigation

A power of attorney is a document that allows you to give someone else the power to make legal and financial decisions on your behalf.   There are three types of power of attorney. First, there is the plain old power of attorney. This type of document is effective upon you singing it.  It terminates upon incapacity.  The second type is a durable power of attorney that becomes effective upon you singing it but it remains in effective even after you become incapacitated.  The third is the springing power of attorney that only becomes effective when and if the principal becomes incapacitated. Florida does not recognize springing power of attorney. Thus, once you sign your power of attorney, it becomes effective immediately.

This should cause alarm. With a power of attorney document, your agent is able to make unfettered legal and financial decisions on your behalf.  Under Florida law, the relationship between you and your agent is a fiduciary relationship.  This means that your agent owes you certain duties. Under Florida Statute 709.2114, an agent owes the following duties to the principal:

  • The agent may not act contrary to the principal’s reasonable expectations
  • The agent must act in good faith
  • The agent may not act contrary to the principal’s best interests
  • The agent must attempt to preserve the principal’s estate plan, to the extent actually known to the agent
  • The agent may not delegate authority to a third-party
  • The agent must keep record of all receipts, disbursement, and transactions made on behalf of the principal
  • The agent must create and maintain an accurate inventory each time the agent accesses the principal’s safe-deposit box
  • The agent shall act loyally for the sole benefit of the principal
  • The agent shall act so as not to create a conflict of interest
  • The agent shall act with care, competence, and diligence
  • The agent shall cooperate with a person who has authority to make health care decisions for the principal

Should an agent violate any of these duties, under 709.2117, the agent is personally liable to the principal or the principals successor in interest to (1) restore the value of the principal’s property to what it would have been had the violation not occurred and (2) reimburse the principal or the principal’s successors in interest for the attorney’s fees and costs paid from the principal’s funds on the agent’s behalf in defense of the agent’s actions.

Who is a principal’s “successor in interest”?  Any beneficiary of the principal’s estate can pursue litigation against a power of attorney for breach of fiduciary duty if that agent caused damaged to the principle’s estate of which you are a beneficiary of.

If you feel that you or someone you love has been a victim or an agent’s breach of fiduciary duty.  Which usually comes in the form of self-dealing, excessive fees, failure to invest, fraud or mismanagement of assets, please call the Horton Law Group, P.A. today for a free 30-minute consultation.

Exploitation of an Elderly or Disabled Person Litigation

Florida has powerful laws to protect the elderly and the disabled from exploitation and abuse. In fact, Florida has two laws that create a cause of action against individuals who financially exploit or hurt our loved ones.  Not only is exploitation of the elderly or disabled a crime in Florida, but there are also civil remedies available to those who are injured.

Florida Statute 415.1111 and Florida Statute 825.103 are known as the Exploitation of the Elderly or Disabled Adults Protection Laws.

Florida Chapter 825, Statute 825.2013 provides criminal penalties for those who financially exploit or harm Florida’s elderly persons or disabled persons.   Florida Statute 825.2013 provides in pertinent part:

(1) “Exploitation of an elderly person or disabled adult” means:

(a) Knowingly obtaining or using, or endeavoring to obtain or use, an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who:

  1. Stands in a position of trust and confidence with the elderly person or disabled adult; or
  2. Has a business relationship with the elderly person or disabled adult;

(b) Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent;

(c) Breach of a fiduciary duty to an elderly person or disabled adult by the person’s guardian, trustee who is an individual, or agent under a power of attorney which results in an unauthorized appropriation, sale, or transfer of property. An unauthorized appropriation under this paragraph occurs when the elderly person or disabled adult does not receive the reasonably equivalent financial value in goods or services, or when the fiduciary violates any of these duties:

  1. For agents appointed under a power of attorney under chapter 709:
    1. Committing fraud in obtaining their appointments;qtq80 srobge
    2. Abusing their powers;
    3. Wasting, embezzling, or intentionally mismanaging the assets of the principal or beneficiary; or
    4. Acting contrary to the principal’s sole benefit or best interest; or
  1. For guardians and trustees who are individuals and who are appointed under chapter 736 or chapter 744:
    1. Committing fraud in obtaining their appointments;
    2. Abusing their powers; or
    3. Wasting, embezzling, or intentionally mismanaging the assets of the ward or beneficiary of the trust;

(d) Misappropriating, misusing, or transferring without authorization money belonging to an elderly person or disabled adult from an account in which the elderly person or disabled adult placed the funds, owned the funds, and was the sole contributor or payee of the funds before the misappropriation, misuse, or unauthorized transfer. This paragraph only applies to the following types of accounts:

  1. Personal accounts;
  2. Joint accounts created with the intent that only the elderly person or disabled adult enjoys all rights, interests, and claims to moneys deposited into such account; or
  3. Convenience accounts created in accordance with s. 655.80; or

(e) Intentionally or negligently failing to effectively use an elderly person’s or disabled adult’s income and assets for the necessities required for that person’s support and maintenance, by a caregiver or a person who stands in a position of trust and confidence with the elderly person or disabled adult.

(2) Any inter vivos transfer of money or property valued in excess of $10,000 at the time of the transfer, whether in a single transaction or multiple transactions, by a person aged 65 or older to a nonrelative whom the transferor knew for fewer than 2 years before the first transfer and for which the transferor did not receive the reasonably equivalent financial value in goods or services creates a permissive presumption that the transfer was the result of exploitation.

(a) This subsection applies regardless of whether the transfer or transfers are denoted by the parties as a gift or loan, except that it does not apply to a valid loan evidenced in writing that includes definite repayment dates. However, if repayment of any such loan is in default, in whole or in part, for more than 65 days, the presumption of this subsection applies.

(b) This subsection does not apply to:

  1. Persons who are in the business of making loans.
  2. Bonafide charitable donations to nonprofit organizations that qualify for tax exempt status under the Internal Revenue Code.

(c) In a criminal case to which this subsection applies, if the trial is by jury, jurors shall be instructed that they may, but are not required to, draw an inference of exploitation upon proof beyond a reasonable doubt of the facts listed in this subsection. The presumption of this subsection imposes no burden of proof on the defendant.

(3)(a) If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $50,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $10,000 or more, but less than $50,000, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) If the funds, assets, or property involved in the exploitation of an elderly person or disabled adult is valued at less than $10,000, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) If a person is charged with financial exploitation of an elderly person or disabled adult that involves the taking of or loss of property valued at more than $5,000 and property belonging to a victim is seized from the defendant pursuant to a search warrant, the court shall hold an evidentiary hearing and determine, by a preponderance of the evidence, whether the defendant unlawfully obtained the victim’s property. If the court finds that the property was unlawfully obtained, the court may order it returned to the victim for restitution purposes before trial on the charge. This determination is inadmissible in evidence at trial on the charge and does not give rise to any inference that the defendant has committed an offense under this section.

In addition to the criminal statutes for exploitation of the elderly and disabled, there is a sister statute to provides victims, in the form of damages.

Florida Statute 415.111 provides in pertinent part:

A vulnerable adult who has been abused, neglected, or exploited as specified in this chapter has a cause of action against any perpetrator and may recover actual and punitive damages for such abuse, neglect, or exploitation.

Who can file a lawsuit under 415.1111?

Litigation under Florida Statute 415.111 can be pursued by may by:

  • the vulnerable adult
  • the vulnerable adult’s guardian
  • by a person or organization acting on behalf of the vulnerable adult with the consent of that person or that person’s guardian
  • by the personal representative of the estate of a deceased victim without regard to whether the cause of death resulted from the abuse, neglect, or exploitation.

Should you prevail, the court can award you actual damages and punitive damages for any deprivation of or infringement on the rights of a vulnerable adult under Florida Statute 415.1111.  In addition, the statute provides for the recovery of your emotional distress damages and attorney fees in certain cases. Also, it should be noted, that under Florida Statute 772.11, which is known as the civil theft statute, provides the civil remedy under Florida Statute 825.03.  Damages under the civil theft statute are three times the amount of damages you suffered as a result of the exploitation.

How do I know if someone I love is being exploited or abused?

Here is a list of some classic signs that may mean you or someone you love is a victim of abuse or exploitation.

  • A financial agent (an agent for power of attorney, trustee, guardian, caregiver or some other third party) is taking large amounts of money from your account.  Of which the money cannot be accounted for.
  • Monies are being transferred excessively from one account to another, so it is impossible to trace
  • Assets are being commingled
  •  The financial agent is paying himself or herself excessive fees or reimbursing himself or herself for expensive travel costs or reimbursements.
  • There are missing checks, or forged checks
  • The credit card bills are becoming abnormally high
  • There is a change in title on your bank accounts or title to your real property or designation of beneficiary accounts.

If you or someone you know believe you are a victim of financial exploitation, please call the Horton Law Group, P.A. immediately to schedule your free 30-minute consultation.

Fraudulent Transfer of Assets

A fraudulent transfer occurs when a person fraudulently tries to convey debt to conceal it from creditors. Chapter 726 of Florida Statutes defines what a fraudulent transfer is, what the creditor remedies are, and goes over the exact procedure under the statutes that a creditor must follow to unwind a fraudulent transfer. The intent of the debtor to defraud a creditor is a crucial element for the court to determine. If it is determined that the funds were moved without malicious intent or for a reasonable reason, it will have deemed to have been done not fraudulently.

Florida law gives creditors specific remedies for fraudulent debt transfers. However, a debtor’s liability to a creditor does not increase because the debtor made a fraudulent transfer. A creditor may not recover its attorney’s fees for pursuing a fraudulent transfer remedy. Generally, the statute of limitations for a fraudulent conveyance in Florida is four years. When the creditor is the government, the statutes is six years. And the Internal Revenue Service has ten years from the tax assessment date to contest a taxpayer’s asset transfers.

Courts have held that a fraudulent transfer to avoid creditors’ claims is not criminal fraud and, as such, there is no criminal liability. A debtor will not face jailtime or criminal charges.  However, a myriad of civil remedies is available to you if you have bene harmed by a fraudulent transfer.

A good attorney uses the law as a tool to maneuver through the legal process delivering you the best outcome possible. The attorneys at the Horton Law Group have years of experience. We know the details that can make a difference. We believe in our clients and fight to get the best possible outcome.

Why Hire the Horton Law Group, P.A?

The principal partner at the Horton Law Group, P.A., Attorney Sommer C. Horton, has been litigating estate cases for 20 years. She is an experienced and aggressive estate litigator. She is highly regarded for her creativeness, strategic judgment and her uncanny ability to deliver persuasive legal arguments in the courtroom. She has a tremendous skill for being an aggressive advocate for her clients, while being one who understands and appreciates how trying litigation can be, thus, she is extremely sensitive to her clients’ needs.

Ms. Horton is passionate about the law and believes in seeking justice for her clients in an ethical and economic manner. Ms. Horton fights for each and every one of her clients – every step of the way. Ms. Horton will spend time with you to make sure you understand the law, understand your rights and she will draft your estate plans for you so that you and your family are protected. In addition, she can assist you with your business planning, estate planning and asset protection needs too.

The Horton Law Group, P.A. is a boutique civil litigation law firm that only takes on a limited number of cases so that personal attention can be given to every client. Make the right call – schedule a free 30-minute consultation with Ms. Horton. You can make an appointment by calling 561-299-0018 or emailing legalsupport@hortonlawgroup.com.

Hear From Our Clients

Recently, I acquired my first home! I retained Ms. Horton to help me file Homestead for my property. I was unsure whether to put my Homestead property in my Revocable Trust – she provided me the benefits and consequences of doing so in a way that I actually understood. I trust her judgment. She was very patient and very sensitive to my needs. I look forward to working with her again in the future.

Joseph F., Client

Ms. Horton represented me during my divorce. She was the best. Very sharp! Very skilled! She was attentive to my needs and was prompt in her responses back to all of my calls and emails. If you are looking for an attorney who will actually represent you and listen to what it is that you want, then you need to call Attorney Sommer Horton. She made this process very easy for me. When I had her in my corner, I was not stressed because I knew she was taking good care of me. I highly recommend the Horton Law Group.

Victoria R., Client

Ms. Horton represented me in a highly contested family litigation case and two other litigation matters. She was extremely attentive to my needs and incredibly aggressive in the courtroom. Litigation went on for over 2 years and she was there for me each and every time I needed her. She was always prepared for hearings. She won most if not all of them. There were boxes and boxes of exhibits that she used at the three day trial in this matter. During trial, Ms. Horton was calm, cool and collected. She did an amazing job with the many experts in this case. She destroyed the opposing party at trial. I felt very relieved and at ease with Mr. Horton in my corner. If you need a family law attorney and/or a trial attorney for that matter – call Attorney Sommer Horton. She is the best of the best. I would recommend her to anyone who is in need of a brilliant and aggressive attorney.

Daria P., Client

I would strongly recommend Horton Law Group. The whole staff was helpful and courteous every time I was there. Ms. Horton is an excellent attorney. She handled my case professionally and resolved my issue with a favorable result for me. I would highly recommend her to anyone in need of an exemplary attorney.

Thomas N., Client

An issue came up and I called the Horton law group… I’m so lucky that I did. Sommer handled it with ease. She is attentive, assertive, and a bull dog! If you need something big or small handled or if you need good legal advice don’t hesitate! It would be a mistake not to call.

John B., Client

Sommer was simply brilliant and amazing with representing us but also very patient and understanding In her handling of the anixiety we were feeling. It was nice to have someone by our side and I could not have done this without her.

Glenn A., Client

The Horton law group provided me a great service. I’m very pleased with them.

Maria O., Client

Sommer Horton represented my Stepmother wonderfully. We were in an emergency situation involving my father’s trust. We were helped every step of the way. She was upfront and honest with us throughout. Sommer and her staff were very friendly and quick to respond to any questions we had. Sommer is an outstanding attorney who diligently advocated on our behalf. I highly recommend her.

Margaret S., Client

My introduction to Sommer Horton has been a privileged experience! She is nothing short of an amazing attorney, always having your back with outstanding results. We met years ago under sad circumstances when I lost a parent and since then, Sommer has handled our life…. the good, the bad and the ugly. If Sommer has the time to handle your case, you are guaranteed to be in the best of hands!

Tami D., Client

Sommer Horton is a top-notch attorney. She’s my go-to lawyer for family issues, estate planning, or any time I have a legal issue or question. She and her staff are responsive, attentive, and they get results. I highly recommend Horton Law Group.

Gayle D., Client

Recently Sommer Horton Represented my brother and I in a probate matter and she did an awesome job. Our case was very difficult and she was extremely patient and when it was neccessary she aggresively took action. I would recommend her services and use her again. The entire staff was very helpful.

Melissa H., Client

Ms. Horton represented me in Guardianship case. It lasted several years. She kept me informed, never missed a deadline and was sensitive to my needs as it came to legal fees and costs. She was worth every penny spent on legal fees. I hope I don’t ever need legal counsel in the future, but if I do, Mr. Horton is the only lawyer I will call. Ms. Horton and her legal team are top notch professionals. I highly recommend the Horton Law Group.

Deborah B., Client

Ms. Horton represented me in a highly contested family litigation case and two other litigation matters. She was extremely attentive to my needs and incredibly aggressive in the courtroom. Litigation went on for over 2 years and she was there for me each and every time I needed her. She was always prepared for hearings. She won most if not all of them. There were boxes and boxes of exhibits that she used at the three day trial in this matter. During trial, Ms. Horton was calm, cool and collected. She did an amazing job with the many experts in this case. She destroyed the opposing party at trial. I felt very relieved and at ease with Mr. Horton in my corner. If you need a family law attorney and/or a trial attorney for that matter – call Attorney Sommer Horton. She is the best of the best. I would recommend her to anyone who is in need of a brilliant and aggressive attorney.

Daria F., Client

Sommer Horton is professional, timely, and always available to assist with any questions. She doesn’t waste my time and keeps things efficient. Never a doubt things are being handled correctly!

Victoria C., Client

Sommer is incredible! She and her team greatly helped my family and I. She is extremely driven and I could not believe how hard she worked. I highly recommend her!

Lucas A., Client

I have had the privilege of working together with Sommer on several matters. She is extremely focused and detail oriented. She seems to shine in every situation. Highly recommended.

Johny L., Client

Ms. Horton and her team are professional, courteous, honest and diligent. Their knowledge of the law and ability to look at all solutions made all the difference in my case. Their personal approach made me feel like was their only client. They were always available and always positioning my case towards a positive result. I recommend the Horton Law Group to any person looking for fair and comprehensive representation.

David C., Client

I am completely satisfied with Ms. Sommer Horton, Esq. as my attorney, and for her law firm, the Horton Law Group, P.A. for their outstanding service and customer care. I highly recommend Ms. Horton as an attorney in Florida and her law firm. Ms. Horton and her staff are efficient and professional with understanding my case and not wasting any of my time or resources. Ms. Horton always promptly answers my calls and questions, and makes sure that I can review all work, and she helps me make timely decisions for my case. Ms. Horton and her staff are always courteous and prepared for my case in and out of court and I have been relieved by her as a

Stephen W., Client

Sommer is very professional and dedicated with her client care. She is a beast in court, extremely fierce. She keeps the line of communication open and is very detailed with her explanations. Anytime I need to use an attorney, you can be sure I will call Sommer.

Scott B., Client

Let me start by saying, I have had Sommer represent me in several litigations. She has always been very dependable and honest about how she would handle my particular situations. Her dedication to my cases, even the small ones has always impressed me. Sommer is what I would describe as someone you always want on your side. She is tenacious in getting things done, on time and with as much success as she promised. I would highly recommend her for litigation cases as well as estate planning. I can only say again if you have Sommer you have one of the best to represent you.

Bill M., Client

Sommer is a wonderful attorney, she’s the type of attorney that everyone wishes for, she’s dedicated, fierce, loyal to her clients and ensures that every option is explored to find the absolute best possible situation and outcome. Her attention to detail and willingness to go above and beyond is what truly separates Sommer from the rest. I’m glad I found her and would definitely recommend to anyone that needs her services.

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Very professional and reliable Sommer and the Horton Law Group provided excellent service, demonstrating professionalism and personal attention to any of my questions regarding a recent legal dispute. Ms. Horton provided me with excellent legal advice. She took the time to explain everything clearly to me. I found her to be reliable, courteous and professional. I highly recommend her without any reservations.

Barbara D., Client

Ms. Horton took care of every detail regarding my case in a timely manner, strongly suggest!

Kelly F., Client

I am completely satisfied with Ms. Sommer Horton, Esq. as my attorney, and for her law firm, the Horton Law Group, P.A. for their outstanding service and customer care. I highly recommend Ms. Horton as an attorney in Florida and her law firm. Ms. Horton and her staff are efficient and professional with understanding my case and not wasting any of my time or resources. Ms. Horton always promptly answers my calls and questions, and makes sure that I can review all work, and she helps me make timely decisions for my case. Ms. Horton and her staff are always courteous and prepared for my case in and out of court and I have been relieved by her as a trusted professional to ensure that my case is grounded in legal case law, Florida statutes, and working to come up with the best solutions for me.

Stephen M., Client

Sommer and the Horton Law Group provided excellent service, demonstrating professionalism and personal attention to any of my questions regarding a recent legal dispute. Ms. Horton provided me with excellent legal advice. She took the time to explain everything clearly to me. I found her to be reliable, courteous and professional. I highly recommend her without any reservations.

Barbara P., Client

Sommer Horton is the best attorney I’ve ever used. She is aggressive and gets the job done, but she cares about her clients. Her office is friendly and responsive, and she’s always there to answer any questions I have.

Gayle M., Client

Ms Horton handled my labor case and it was quickly resolved. She was well versed with the legalities of my case and advised me that it would be favorably resolved. Once she the information from me about the case and sent a demand letter, the other party settled within days. She did a great job for me

Raffaele B., Client

Sommer advised me on estate planing, she also made it easy to draw up a will. She is a one of a kind attorney that cares about clients need.

Joseph F., Client

Ms. Horton is a fabulous divorce attorney. She is affordable, aggressive and will fight for you. I would strongly recommend you to call her. She I creative and she is also very easy to talk to, she understands what you are going through and she will be there for you.

Giancarlo M., Client

Sommer worked with my on my trust and other legal documents. I recently had to meet with her again to update them. I feel comfortable that I am in good hands with her knowledge and detail. I would highly recommend her firm

K. U., Client

Ms. Horton represented me in Guardianship case. It lasted several years. She kept me informed, never missed a deadline and was sensitive to my needs as it came to legal fees and costs. She was worth every penny spent on legal fees. I hope I don’t ever need legal counsel in the future, but if I do, Mr. Horton is the only lawyer I will call. Ms. Horton and her legal team are top notch professionals. I highly recommend the Horton Law Group.

Deborah B., Client

Ms. Horton represented me in a highly contested family litigation case and two other litigation matters. She was extremely attentive to my needs and incredibly aggressive in the courtroom. Litigation went on for over 2 years and she was there for me each and every time I needed her. She was always prepared for hearings. She won most if not all of them. There were boxes and boxes of exhibits that she used at the three day trial in this matter. During trial, Ms. Horton was calm, cool and collected. She did an amazing job with the many experts in this case. She destroyed the opposing party at trial. I felt very relieved and at ease with Mr. Horton in my corner. If you need a family law attorney and/or a trial attorney for that matter – call Attorney Sommer Horton. She is the best of the best. I would recommend her to anyone who is in need of a brilliant and aggressive attorney.

Daria F., Client

I came to the law group with a problem from years ago… all I can say is that Sommer is amazing! Her staff is outstanding.. Sommer is such a bulldog and fought hard for me.. I’m so lucky I made the right choice. If you have legal problems or need legal advice call the Horton Law Group. You will be glad you did.
I came to the law group with a problem from years ago… all I can say is that Sommer is amazing! Her staff is outstanding.. Sommer is such a bulldog and fought hard for me.. I’m so lucky I made the right choice. If you have legal problems or need legal advice call the Horton Law Group. You will be glad you did.

John B., Client

Sommer Horton has been a professional in all my dealings with her. She is professional, courteous, and detail focused.

Scott S., Client

Highly recommend ! She was very professional and helpful , you won’t be dissapointed . Her attention to detail is impressive.

Hannah C., Client

Ms. Horton helped me with my estate planning. She was very patient and attentive to our current and future needs. She will always look out for you and keep your best interests intact. I highly recommend her for any legal needs you may have!

Jenifer P., Client

Very professional and reliabe
Sommer and the Horton Law Group provided excellent service, demonstrating professionalism and personal attention to any of my questions regarding a recent legal dispute.
Ms. Horton provided me with excellent legal advice. She took the time to explain everything clearly to me. I found her to be reliable, courteous and professional. I highly recommend her without any reservations.

Barbara C., Client

Let me start by saying, I have had Sommer represent me in several litigations. She has always been very dependable and honest about how she would handle my particular situations. Her dedication to my cases, even the small ones has always impressed me. Sommer is what I would describe as someone you always want on your side. She is tenacious in getting things done, on time and with as much success as she promised. I would highly recommend her for litigation cases as well as estate planning. I can only say again if you have Sommer you have one of the best to represent you.

Bill M., Client

I am completely satisfied with Ms. Sommer Horton, Esq. as my attorney, and for her law firm, the Horton Law Group, P.A. for their outstanding service and customer care. I highly recommend Ms. Horton as an attorney in Florida and her law firm. Ms. Horton and her staff are efficient and professional with understanding my case and not wasting any of my time or resources. Ms. Horton always promptly answers my calls and questions, and makes sure that I can review all work, and she helps me make timely decisions for my case. Ms. Horton and her staff are always courteous and prepared for my case in and out of court and I have been relieved by her as a trusted professional to ensure that my case is grounded in legal case law, Florida statutes, and working to come up with the best solutions for me.

Stephen W., Client

Sommer is a wonderful attorney, she’s the type of attorney that everyone wishes for, she’s dedicated, fierce, loyal to her clients and ensures that every option is explored to find the absolute best possible situation and outcome. Her attention to detail and willingness to go above and beyond is what truly separates Sommer from the rest. I’m glad I found her and would definitely recommend to anyone that needs her services.

James G., Client

Sommer Horton has served as our general corporate counsel for the past several years.  She aggressively defended us in a frivolous lawsuit filed against us and won!   She has also represented us on several other corporate matters.  She has handled all of our business needs with great success. She is professional, dedicated and has a keen attention to detail. I fully and confidently recommend Sommer Horton and the Horton Law Group, P.A. for all of your professional and business needs.

Juan C., Client

I was looking for a great lawyer to be on my side on a lawsuit and I was very lucky to find Summer. Not only is she extremely responsive to any questions I had, but she had the ability to understand my needs. From day one, she advised me on the best route to take and explained in detail what to expect and the potential problems that might be on the horizon. Sommer is someone I trust to handle any future claim and I definitely want her on my side. Needless to say…we won the case she represented us in.  She is top notch.

Annette L., Client

Horton Law Group represented me better than I could have ever imagined. My needs were put first and I was treated as a friend rather than a number.   My opinions were valued and my doubts were always reassured.  My nerves were calmed and the process was always explained.   My attorney, Sommer Horton, fought hard for me.   She went above and beyond and did everything she could to ensure a great outcome.  I couldn’t have asked for a better law firm or attorney. Thanks guys!!!

Barbara C., Client

I have known Sommer Horton for years.  I recently utilized her services to draft my family estate plans.  I was blown away with her knowledge of the law.  She explained the importance of each document in a way that I understood why I needed my estate plan.  She is affordable and efficient.  In fact, she is wonderful!  Ms. Horton really does care and she will make sure you, your family and your asserts are protected.   My recommendation would be that you call her if you need legal help.  She will take good care of you.

Madi P., Client

I retained Sommer Horton from the Horton Law Group to represent me in a trust litigation lawsuit. We successfully had the successor trustees removed and me appointed to serve as the current trustee of the trust. I find Ms. Horton to be very knowledgeable with the laws. Every strategic move she made in the case, she had me approve first. She copied me on all communications with the other parties counsel so I always knew what was happening in my case. I am extremely satisfied with her work and I am extremely satisfied with all of her staff. She has a great team. They were always very nice and got me what I wanted in a timely manner. We are in the final stages of litigation and I am 100% satisfied with how she got the case to this point. I would definitely hire Attorney Sommer Horton again should I ever need an attorney again. I found her rates to be fair for the work she did for me. She is worth it.

Levance "Lee" B., Client

Ms. Horton and her entire team at Horton Law Group have been a life saver while going through an extremely contentious and difficult divorce. Ms Horton has fought for my children and me at every step. She is straightforward, diligent, realistic and someone you can trust. Thank you Sommer, Teresa, and the whole team!

Audrey M., Client

Over the past decade, Sommer Horton and her team at the Horton Law Group have treated me like family and have helped me through multiple legal matters. The entire team has always communicated quickly and efficiently while taking the time to help me thoroughly understand even the most complex legal jargon. They’ve consistently shown empathy and have always made time for me and my family through the process. Sommer Horton is Simply the Best. THANK YOU HORTON LAW GROUP!

Rick R., Client

It is not often that I take the time to compliment a Professional that I felt it was their job to do well to begin with. However, it was a pleasant surprise to deal with someone who went far beyond my expectations and performed as well as you in preparing my Estate Planning. I also appreciate that your billing was as reasonable as it was. Most people expect that “sticker shock” when dealing with Lawyers and Accountants. I found that your knowledge of Finances made it unnecessary for me to incur any further expense for accounting.
Thanks for the great job that you and your staff did.

Ralph B., Client

Serving as a Successor Trustee with several litigation cases pending, having an attorney working diligently for your client is of utmost importance. Sommer Horton was that attorney. Regardless of the nature of the situation, Sommer was there to support and advise not only my client, but myself as well. She and her team worked meticulously to delve into the issues so that our client’s interest was best represented. Her efforts were rewarded with favorable outcomes for our client, that is what we call a win, win. Sommer Horton and the Horton Law Group, P.A. were amazing, I highly recommend them.

Marline L., Client

I have worked with Sommer from Horton law group on several occasions over the past 7 years. She strikes the right balance between aggressive and realistic. Sommer is knowledgeable, confident and unflappable. The perfect team to walk with you through difficult circumstances.

Margarita K, Client
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