Seth S. Diamond is an accomplished trusts, estates, and fiduciary litigator. Seth represents trustees, personal representatives, beneficiaries, and other interested persons in complex trust and adversary probate and guardianship proceedings. His cases often involve complicated multi-state and international components. Seth utilizes skills initially developed as an executive to craft practical solutions to emotionally charged trusts and estates disputes. Trained at one of Florida’s venerable law firms, Seth is a thoughtful and passionate advocate for clients in Florida state and federal trial and appellate courts, as well as in mediated and arbitral forums.
Seth’s experience in litigating real property, debtor-creditor, business, and shareholder disputes allows him to provide clients with a unique perspective when these related issues are injected into their trust and probate matters. His clients commonly request that Seth apply his diverse viewpoints when drafting their wills, trusts, marital agreements, and business documents; preparing estate plans which protect assets and minimize exposure to future litigation; implementing statutory modifications to irrevocable trusts; and assisting in the administration of their trusts and probate estates. Seth takes pride in his ability to connect with his clients on multiple levels, and frequently becomes a confidant and de facto general counsel to their families.
Mr. Diamond is the immediate past president and member of the Board of Directors of the Coral Gables-South Dade Estate Planning Council, and is a former Co-Chair of the Anti-Defamation League’s Miami-Dade County Glass Leadership Institute.
Representative Matters:
• Obtained summary judgment in favor of a trustee in a declaratory judgment proceeding to determine the continued validity of a trust that was contested by the beneficiaries of the settlor’s purported later will.
• Represented co-trustees in a $20 million trust action by the deceased settlor’s former spouse to set aside a modification to their marital settlement agreement. The modified agreement had required the settlor to devise a significant portion of his estate to the former spouse. Case resulted in a favorable mediated settlement.
• Represented beneficiary in successful removal and surcharge action against former trustee for various breaches of fiduciary duty. The judgment of removal and surcharge was affirmed on appeal.
• Successful counsel of a trustee to avoid threatened litigation by co-trustee and beneficiaries for alleged breaches of fiduciary duty.
• Obtained favorable judgment on behalf of beneficiary in adversary proceeding for construction of a will that did not contain a residuary clause.
• Represented professional co-trustees in dispute over how designated shares of acquired and reorganized non-profit organizations and deceased specific individual beneficiaries should be distributed. Declaratory judgment proceeding resulted in a favorable negotiated settlement.
• Represented foreign client in will contest concerning competing wills allegedly executed in a foreign jurisdiction.
• Represented trustee in proceeding brought by second spouse of deceased settlor to set aside their marital agreement and seek an elective share in the settlor’s estate.
• Represented foreign client in federal litigation against a major U.S. bank concerning its failure to recognize client as beneficiary of a foreign Decedent’s bank account.
• Appellate counsel to court appointed attorney for alleged incapacitated person in incapacity proceeding. Representation lead to reversal of incapacity determination by trial court.
Reported Cases:
• Morrison v. Martorana, 162 So. 3d 1037 (Fla. 5th DCA Apr. 21, 2015)
• Krumholz v. Guardianship of H.K., 114 So. 3d 341 (Fla. 3d DCA 2013)
Community Involvement:
• Bet Shira Congregation, Member of Board of Directors, 2014 – Present, Chair, Legal Committee.
• Coral Gables-South Dade Estate Planning Council, Immediate Past President and Member of Board of Directors, 2013 – Present.
• Anti-Defamation League, Co-Chair, Glass Leadership Institute, 2010-2011; Civil Rights Committee
Dade County Bar Association
