Atty. Seth S. Diamond

• 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