The Conflict of Interest That Shook My Faith in Probate
By Alessandra C. Kurchinski
When my husband, Franklin, passed away, I expected grief — but not a legal nightmare. I believed the trust he created would protect our family and bring peace. Instead, it brought endless fees, confusion, and, worst of all, a conflict of interest that still haunts me today.
Trying to hire help
In March 2023, desperate for guidance, I reached out to attorney Robert Persante. I emailed him, called his office, and finally spoke to him briefly by phone. I explained everything: the missing Schedule “A” from my husband’s revocable trust, the premarital agreement we signed in Brazil, and my concerns about another attorney who had both witnessed my husband’s will and later represented the Personal Representative.
I was ready to pay what I could — $5,000 upfront — but Persante refused to take my case. That rejection left me devastated. English is not my first language, and legal terms like “trial,” “probate,” and “assets” confused me. I cried often, wondering if my background or lack of money had made me less worthy of representation.
From lawyer to “judge”
Months later, I was stunned to learn that the very same attorney who had declined me was appointed as Special Master Magistrate in my case. In other words, he became the “judge” at my trial.
I never agreed to this. I thought his fees would be paid by the court. Only later, in the Second Annual Accounting, did I discover that over $12,000 was taken from our family trust to pay his firm. Most of that money came directly from my and my daughter Jacqueline’s shares — without our consent.
Why this feels wrong
How can an attorney refuse to represent me, then later act as the “judge” in my case and be paid with my family’s money? To me, it looks like a clear conflict of interest and a lack of impartiality. I still don’t know if Judge Coleman appointed him directly or if the opposing attorney recommended him. What I do know is that it doesn’t feel fair when the other side controls the trust and chooses who gets paid from it.
My husband clearly wrote in his wills and trust that he did not want his estate to go through probate. Yet here I am, three years later, still battling over money that should have been protected for our family.
My request
I have filed a complaint with The Florida Bar. I want them to investigate whether Mr. Persante’s actions were ethical and whether this system truly protects families like mine — or whether it only benefits lawyers.
I lost my husband, and with him, the peace of mind he tried to give me through his estate plan. Instead of protection, I found myself paying thousands of dollars in legal fees, including to someone I once begged to take my case.
This isn’t just about me. It’s about every family who places trust in the system, only to discover that grief has become an opportunity for others’ profit.