Scott A. Weiss, Esq.

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Scott A. Weiss is an accomplished probate, trial, and appellate attorney who focuses his practice in the areas of probate, trust, and guardianship litigation. He represents beneficiaries, heirs, creditors, personal representatives, trustees, professional guardians, genealogists, and other interested parties in numerous aspects of estate, trust, and guardianship administration and litigation. He has litigated a variety of matters such as:

Will and trust contests (undue influence, lack of capacity, execution formalities)
Trustee and personal representative removal and surcharge actions
Elective share disputes
Will and trust construction and interpretation proceedings
Homestead litigation
Creditor claims disputes
Attorney and fiduciary compensation disputes
Heirship disputes
Incapacity proceedings
Power of attorney disputes
Real estate litigation including partition actions, declaratory actions, quiet title actions
Other civil, probate, trust, and guardianship related litigation

Mr. Weiss has been involved in numerous high-profile and newsworthy probate, trust, and guardianship matters throughout Florida's courts. He practices throughout the circuit and appellate courts of Florida.

Mr. Weiss is regularly called upon by other members of The Florida Bar to serve as an expert witness in probate, trust, and guardianship matters. Probate and guardianship attorneys throughout Florida regularly associate Mr. Weiss for litigation matters that arise during administration. He also represents attorneys and fiduciaries in fee disputes and removal proceedings.  He receives appointments from probate judges to serve as a Curator, independent and/or special Trustee, Guardian Ad Litem, and Attorney Ad Litem.  

Mr. Weiss is a Florida Supreme Court Certified Circuit Mediator.  In that capacity, he acts as a third-party neutral to assist in the resolution of probate, trust, and guardianship disputes.  He is also a Florida Supreme Court qualified Arbitrator, so he can preside over both binding and non-binding arbitrations.  

An active member of the Real Property, Probate, and Trust Law section of The Florida Bar, Mr. Weiss served for two three-year terms on the Probate Rules Committee of The Florida Bar. He also served for three years on a Florida Bar Grievance Committee in the 17th Judicial Circuit.

Education:

J.D., University of Miami
B.A., History, Boston University

Professional Memberships & Activities:

The Florida Bar, Real Property, Probate and Trust Law Section
Broward County Bar Association
Past Chair, 17th Judicial Circuit Grievance Committee "E"
The Florida Bar, Probate Rules Committee, Past Member

Honors

2014 - 2015, 2023 - 2024, Florida Super Lawyers Magazine, Super Lawyer
2013, Florida Super Lawyers Magazine, Rising Star

Representative Cases

Roller v. Collins, 373 So.3d 35 (Fla. 5th DCA 2023)

Blumner v. Shwake, 361 So.3d 866 (Fla. 4tth DCA 2023)

Stepanenko v. Correia, 358 So.3d 1224 (Fla. 4th DCA 2023)

Montanti v. Politakis, 360 So.3d 386 (Fla. 4th DCA 2023)

Feig v. Guardianship of Madera, 356 So.3d 238 (Fla. 4th DCA 2023)

Tita v. Tita, 334 So.3d 646 (Fla. 4th DCA 2022)

Forman v. Forman, 288 So.3d 697 (Fla.4th DCA 2019)

Kellar v. Estate of Kellar, 257 So.3d 1044 (Fla. 4th DCA 2018) 

Delbrouck v. Eberling, 226 So.3d 929 (Fla. 4th DCA  2017)

Delbrouck v. Eberling, 177 So.3d 66 (Fla. 4th DCA 2015)

Helfenbein v. Baval, 157 So.3d 531 (Fla. 4th DCA 2015)

Steuerwald v. Qualls, 124 So.3d 934 (Fla. 4th DCA 2013) 

Roland v. Roland, 109 So.3d 256 (Fla. 4th DCA 2013) 

Blake v. Waks, 11 So.3d 976 (Fla. 3d DCA 2009)