Roselvin (Rose) S. Edelman

How Rose Helps Clients 

Rose Edelman specializes in the area of trusts and estates litigation.  She represents fiduciaries, beneficiaries and other stakeholders in a broad spectrum of disputes concerning the administration, ownership, and distribution of trust, probate, and non-probate assets. Rose is known for providing bold, strategic and zealous advocacy in complex and high-stakes litigation and has successfully represented high-net-worth clients in a number of multifaceted cases, both as lead trial counsel and on appeal.  

Estates and trusts litigation touches upon matters that are deeply personal to many of our clients, involving issues such as the preservation of family wealth, succession planning, and addressing the rights and obligations of fiduciaries and beneficiaries.  Rose’s clients know she is always focused on the big picture and their specific and tangible goals.  She is known for her ability to analyze complex legal issues and determine how each piece fits within the case at hand, skills which she employs in devising results-driven and effective litigation strategies for her clients.  

An experienced trial and appellate court litigator, Rose represents clients in a wide array of matters, including:  

• Will and trust contests, including alleged lack of testamentary capacity, undue influence, and tortious interference with an expectancy of inheritance;  

• Interpretation, reformation and modification of testamentary documents;   

• Claims for breach of fiduciary duty, including waste and mismanagement of trust and estate assets, failure to inform and account, and conflict of interest transactions;  

• Removal and surcharge of personal representatives, trustees and other fiduciaries;  

• Disputes concerning inter vivos gifts, jointly held assets, and beneficiary designations for transfer on death accounts, life insurance policies, retirement accounts and business interests.  

• Disputes concerning the ownership of trust and estate assets, including accounting for misappropriated funds; and

• Appeals of trusts and estates disputes.  

In addition to her litigation practice, Rose works closely with the firm’s Wealth & Succession Planning Group on issues arising in the administration of trusts and estates and devises effective strategies for litigation avoidance and negotiating and drafting non-judicial settlements.  Rose also has extensive experience representing diverse clients in complex commercial litigation in both state and federal courts. Her experience includes breach of contract disputes, fiduciary duty claims, business disputes and fraudulent conveyances. 

Outside of the office, Rose enjoys spending time with her family, exploring the diverse restaurant scene in Miami, and taking in all the natural beauty and splendid beaches that South Florida has to offer. Rose also enjoys traveling, learning about history, and mentoring young lawyers and law students. 

Proof Points 

• Successfully defended against a will and trust contest in an estate worth more than $350 million, securing a dismissal with prejudice of a wide array of claims sounding in undue influence, fraud, tortious interference with an inheritance, and reformation of the decedent’s testamentary documents.
• Served as lead trial counsel in successful litigation by a trustee resulting in a jury verdict on default for damages suffered by the trust in excess of $90 million.
• Successfully represented a beneficiary in an action for removal, surcharge and sanctions against a personal representative based on claims of waste, mismanagement, conflicts of interests and perjury.
• Trial and appellate counsel in successful litigation by a personal representative and beneficiary seeking to establish the estate’s ownership of a multi-million-dollar real estate portfolio.
• Successfully represented a trustee in securing a final summary judgment on claims alleging undue influence, failure to inform and account, and disputes regarding jointly held assets, and won an appeal affirming summary judgment and entitlement to attorneys’ fees and costs.  
• Successfully represented personal representative on appeal of the probate court order placing a temporary freeze on disputed estate assets pending the disposition of a quiet title action.
• Successfully represented a business owner against claims raised by a decedent’s estate concerning disputed ownership of business assets and misappropriated funds.
• Assisted numerous high-net-worth clients in settling probate and trust disputes.