Jamie B. Schwinghamer

Shareholder, Practice Group Manager, Probate, Trust & Guardianship Litigation
Naples
850 Park Shore Drive
Trianon Centre, 3rd Floor
Naples, FL 34103
P 239.213.3887
F 239.261.3659
P 239.213.3887 | F 239.261.3659



Overview

Jamie concentrates her practice in the areas of estate, trust and guardianship administration and litigation. She counsels her clients on a variety of matters including, but not limited to: will and trust contests, disputed estate and trust administrations, trust modification, revocation and termination, surcharge and removal proceedings, elder guardianship administration, guardianship administration for adults with intellectual disabilities, guardianship litigation and injunctions for exploitation of the elderly. Jamie regularly represents individual and institutional trustees, personal representatives, guardians and agents under durable powers of attorney and health care surrogate designations. Jamie also has an extensive background in commercial litigation (business contracts, shareholder and partnership disputes, real estate disputes, etc.). 

Experience

Estate/Probate Administration & Litigation

  • Represented a surviving spouse in filing and resolving a contested elective share claim
  • Represented personal representatives in multi-party litigation concerning the alleged professional malpractice of the decedent during his lifetime
  • Represented estate beneficiaries in action seeking removal of a personal representative for breach of fiduciary duty
  • Represented personal representatives in an action to invalidate a will that was allegedly obtained by undue influence
  • Represented beneficiaries in an action to invalidate a will that was allegedly obtained by undue influence
  • Represented personal representatives seeking to admit a lost or destroyed will to probate

Trust Administration & Litigation

  • Represented trustees in an action to invalidate a trust agreement that was allegedly obtained by undue influence
  • Represented beneficiaries in an action to invalidate a trust agreement that was allegedly obtained by undue influence
  • Successfully defended individual and corporate trustees against beneficiaries’ claims of misconduct
  • Drafted and negotiated beneficiary waivers and releases on behalf of individual and corporate trustees 
  • Represented trust beneficiaries in action seeking removal of a trustee for breach of fiduciary duty
  • Successfully removed an individual trustee for theft and misappropriation of trust assets
  • Filed complaints for declaratory judgment seeking court guidance on the interpretation of will and trust agreements
  • Represented beneficiaries and fiduciaries in action to reform trust agreements
  • Drafted private settlement agreements among trustees and beneficiaries to modify trust terms without seeking a court order
  • Represented multiple beneficiaries in filing objections to estate and/or trust accountings
  • Participated in mediations involving actions concerning the validity of a will and trust, the removal of the personal representative and/or trustee, breaches of fiduciary duty, and mismanagement of assets

Guardianship Administration & Litigation

  • Represented numerous professional guardians in contested guardianship proceedings and administrations 
  • Successfully obtained orders appointing emergency temporary guardians after evidentiary hearings before the court
  • Successfully obtained an injunction against exploitation of the elderly against a former caregiver mentally and financial abusing an elderly individual
  • Filed numerous petitions to determine incapacity and appoint plenary guardians on behalf of family members of incapacitated individuals
  • Successfully obtained orders appointing plenary guardians after discovery and evidentiary hearings before the court
  • Participated in mediations involving contested guardianship proceedings with multiple parties seeking appointment as plenary guardian
  • Filed numerous petitions to appoint a guardian advocate for parents of adult children with intellectual disabilities
Services

Education

  1. University of Miami School of Law, J.D.
    • magna cum laude
  2. Florida Gulf Coast University, B.A., Interdisciplinary Social Science
    • summa cum laude

Credentials

Bar Admissions
  1. Florida
Court Admissions
  1. U.S. District Court, Middle District of Florida
  2. U.S. District Court, Southern District of Florida

Recognitions

  • AV® Preeminent™ rating from Martindale-Hubbell Law Directory
  • Named to The Best Lawyers in America© for Trusts and Estates (2021); Litigation - Trusts and Estates (2021)
  • Selected as a "Florida Super Lawyers Rising Star" by Florida Super Lawyers magazine (2009-2020)
  • Selected as a "Legal Elite" in Litigation by Florida Trend magazine (2021)
  • Selected as Naples Illustrated “Top Lawyer” - Trusts and Estates (2019)
  • American College of Trust & Estate Counsel Florida Fellows Institute Graduate (2017)
  • Named in Gulfshore Business Magazine "40 Under 40" (2016)
  • Leadership Collier Foundation, Growing Associates in Naples (GAIN™) Program Graduate (2015)
     

Affiliations

Professional Affiliations
  • The Florida Bar, Real Property, Probate and Trust Law Section (2006-present)  
    • Executive Council at Large Member (2016-2020)
    • Probate & Trust Litigation Committee (2015-present)
    • Probate Law & Procedure Committee (2015-present)
    • Guardianship and Power of Attorney Committee (2014-present), Co-Vice Chair (2019-2020)
  • Collier County Bar Association, Board of Directors (2018-2022)
  • Collier County Women’s Bar Association, President (2020-2021)
    • Board of Directors (2015-present)
    • Vice President and Program Committee Chair (2019-2020)
    • Secretary and Sponsorship Committee Chair (2017-2019)
    • Special Events Committee Chair (2015-2017)
Community Affiliations
  • Florida Gulf Coast University Planned Giving Advisory Council (2016-present)
  • Champions for Learning™ Planned Giving Advisory Council (2017-present)
  • Champions for Learning™ Classroom Grant Review Committee (2016-2018)
  • Guardian Ad Litem Foundation 20th Judicial Circuit, Director (2014-2016)

Insights

  1. Alerts
    The New Year Brings a More Relaxed, Pro-Business Summary-Judgment Standard (Jan 4, 2021)
    Estate Planning Techniques to Consider In Anticipation of Potential Changes to Estate and Gift Tax Law (Oct 15, 2020)
    Individuals No Longer Have to Take Minimum Required Distributions from Retirement Accounts in 2020 (Mar 30, 2020)
    Estate Planning and COVID-19 – Be Prepared (Mar 27, 2020)
    Estate Planning in the COVID-19 Era (Mar 26, 2020)
  2. Articles
    Best Practices - Litigating During COVID-19 - Adverse Witness, Collier County Bar Magazine (May 2020)
    The Fiduciary Lawyer-Client Privilege: A Long Road to Confidentiality - The Docket (June 2018)
    The Saga of a $24,600,000.00 Trustee Fee - Adverse Witness, Collier County Bar Association (March 2016)
    Trust Protectors: 4th DCA Issues Decision - Adverse Witness, Collier County Bar Association (April 2015)
    Trust Protectors: The Florida Fourth District Court of Appeal Issues a Trailblazing Decision - Docket, Sarasota Bar Association (March 2015); Bulletin, Dade Bar Association (March 2015); The Lawyer, Hillsborough Bar Association (March 2015)
  3. Presentations
    “The Estate Planner’s Guide to Guardianships" - Sarasota County Bar Association (March 2021)
    “The Estate Planner’s Guide to Guardianships" - Lee County Bar Association (October 2020)
    "Guardianship Case Law, Statute & Rule Update" - Florida Bar Real Property, Probate and Trust Law Section, Annual Guardianship Law Symposium (September 2020)
    “Lunch & Learn – Panel Discussion on Trust, Estate & Guardianship Practice” - Ave Maria School of Law (February 2020)
    "Guardianship Case Law, Statute & Rule Update" - Paralegal Association of Florida, Inc., Southwest Florida Chapter (January 2020)
  4. Firm News
    Three Roetzel Attorneys Recognized as Florida Legal Elite (Jun 28, 2021)
    Seventy Roetzel Attorneys Named to 2021 The Best Lawyers in America© List; Ten Named “Lawyer of the Year” (Aug 20, 2020)
    Schwinghamer Named President of the Collier County Women’s Bar Association (Jul 1, 2020)
    Eleven Roetzel Attorneys Named 2020 Florida Super Lawyers or Rising Stars (Jun 4, 2020)
    Donovan and Schwinghamer Elected to Second Term on CCBA Board of Directors (May 11, 2020)

Overview

Jamie concentrates her practice in the areas of estate, trust and guardianship administration and litigation. She counsels her clients on a variety of matters including, but not limited to: will and trust contests, disputed estate and trust administrations, trust modification, revocation and termination, surcharge and removal proceedings, elder guardianship administration, guardianship administration for adults with intellectual disabilities, guardianship litigation and injunctions for exploitation of the elderly. Jamie regularly represents individual and institutional trustees, personal representatives, guardians and agents under durable powers of attorney and health care surrogate designations. Jamie also has an extensive background in commercial litigation (business contracts, shareholder and partnership disputes, real estate disputes, etc.). 

Experience

Estate/Probate Administration & Litigation

  • Represented a surviving spouse in filing and resolving a contested elective share claim
  • Represented personal representatives in multi-party litigation concerning the alleged professional malpractice of the decedent during his lifetime
  • Represented estate beneficiaries in action seeking removal of a personal representative for breach of fiduciary duty
  • Represented personal representatives in an action to invalidate a will that was allegedly obtained by undue influence
  • Represented beneficiaries in an action to invalidate a will that was allegedly obtained by undue influence
  • Represented personal representatives seeking to admit a lost or destroyed will to probate

Trust Administration & Litigation

  • Represented trustees in an action to invalidate a trust agreement that was allegedly obtained by undue influence
  • Represented beneficiaries in an action to invalidate a trust agreement that was allegedly obtained by undue influence
  • Successfully defended individual and corporate trustees against beneficiaries’ claims of misconduct
  • Drafted and negotiated beneficiary waivers and releases on behalf of individual and corporate trustees 
  • Represented trust beneficiaries in action seeking removal of a trustee for breach of fiduciary duty
  • Successfully removed an individual trustee for theft and misappropriation of trust assets
  • Filed complaints for declaratory judgment seeking court guidance on the interpretation of will and trust agreements
  • Represented beneficiaries and fiduciaries in action to reform trust agreements
  • Drafted private settlement agreements among trustees and beneficiaries to modify trust terms without seeking a court order
  • Represented multiple beneficiaries in filing objections to estate and/or trust accountings
  • Participated in mediations involving actions concerning the validity of a will and trust, the removal of the personal representative and/or trustee, breaches of fiduciary duty, and mismanagement of assets

Guardianship Administration & Litigation

  • Represented numerous professional guardians in contested guardianship proceedings and administrations 
  • Successfully obtained orders appointing emergency temporary guardians after evidentiary hearings before the court
  • Successfully obtained an injunction against exploitation of the elderly against a former caregiver mentally and financial abusing an elderly individual
  • Filed numerous petitions to determine incapacity and appoint plenary guardians on behalf of family members of incapacitated individuals
  • Successfully obtained orders appointing plenary guardians after discovery and evidentiary hearings before the court
  • Participated in mediations involving contested guardianship proceedings with multiple parties seeking appointment as plenary guardian
  • Filed numerous petitions to appoint a guardian advocate for parents of adult children with intellectual disabilities

Education

  1. University of Miami School of Law, J.D.
    • magna cum laude
  2. Florida Gulf Coast University, B.A., Interdisciplinary Social Science
    • summa cum laude

Credentials

Bar Admissions
  1. Florida
Court Admissions
  1. U.S. District Court, Middle District of Florida
  2. U.S. District Court, Southern District of Florida

Recognitions

  • AV® Preeminent™ rating from Martindale-Hubbell Law Directory
  • Named to The Best Lawyers in America© for Trusts and Estates (2021); Litigation - Trusts and Estates (2021)
  • Selected as a "Florida Super Lawyers Rising Star" by Florida Super Lawyers magazine (2009-2020)
  • Selected as a "Legal Elite" in Litigation by Florida Trend magazine (2021)
  • Selected as Naples Illustrated “Top Lawyer” - Trusts and Estates (2019)
  • American College of Trust & Estate Counsel Florida Fellows Institute Graduate (2017)
  • Named in Gulfshore Business Magazine "40 Under 40" (2016)
  • Leadership Collier Foundation, Growing Associates in Naples (GAIN™) Program Graduate (2015)
     

Affiliations

Professional Affiliations
  • The Florida Bar, Real Property, Probate and Trust Law Section (2006-present)  
    • Executive Council at Large Member (2016-2020)
    • Probate & Trust Litigation Committee (2015-present)
    • Probate Law & Procedure Committee (2015-present)
    • Guardianship and Power of Attorney Committee (2014-present), Co-Vice Chair (2019-2020)
  • Collier County Bar Association, Board of Directors (2018-2022)
  • Collier County Women’s Bar Association, President (2020-2021)
    • Board of Directors (2015-present)
    • Vice President and Program Committee Chair (2019-2020)
    • Secretary and Sponsorship Committee Chair (2017-2019)
    • Special Events Committee Chair (2015-2017)
Community Affiliations
  • Florida Gulf Coast University Planned Giving Advisory Council (2016-present)
  • Champions for Learning™ Planned Giving Advisory Council (2017-present)
  • Champions for Learning™ Classroom Grant Review Committee (2016-2018)
  • Guardian Ad Litem Foundation 20th Judicial Circuit, Director (2014-2016)

Insights

  1. Alerts
    The New Year Brings a More Relaxed, Pro-Business Summary-Judgment Standard (Jan 4, 2021)
    Estate Planning Techniques to Consider In Anticipation of Potential Changes to Estate and Gift Tax Law (Oct 15, 2020)
    Individuals No Longer Have to Take Minimum Required Distributions from Retirement Accounts in 2020 (Mar 30, 2020)
    Estate Planning and COVID-19 – Be Prepared (Mar 27, 2020)
    Estate Planning in the COVID-19 Era (Mar 26, 2020)
  2. Articles
    Best Practices - Litigating During COVID-19 - Adverse Witness, Collier County Bar Magazine (May 2020)
    The Fiduciary Lawyer-Client Privilege: A Long Road to Confidentiality - The Docket (June 2018)
    The Saga of a $24,600,000.00 Trustee Fee - Adverse Witness, Collier County Bar Association (March 2016)
    Trust Protectors: 4th DCA Issues Decision - Adverse Witness, Collier County Bar Association (April 2015)
    Trust Protectors: The Florida Fourth District Court of Appeal Issues a Trailblazing Decision - Docket, Sarasota Bar Association (March 2015); Bulletin, Dade Bar Association (March 2015); The Lawyer, Hillsborough Bar Association (March 2015)
  3. Presentations
    “The Estate Planner’s Guide to Guardianships" - Sarasota County Bar Association (March 2021)
    “The Estate Planner’s Guide to Guardianships" - Lee County Bar Association (October 2020)
    "Guardianship Case Law, Statute & Rule Update" - Florida Bar Real Property, Probate and Trust Law Section, Annual Guardianship Law Symposium (September 2020)
    “Lunch & Learn – Panel Discussion on Trust, Estate & Guardianship Practice” - Ave Maria School of Law (February 2020)
    "Guardianship Case Law, Statute & Rule Update" - Paralegal Association of Florida, Inc., Southwest Florida Chapter (January 2020)
  4. Firm News
    Three Roetzel Attorneys Recognized as Florida Legal Elite (Jun 28, 2021)
    Seventy Roetzel Attorneys Named to 2021 The Best Lawyers in America© List; Ten Named “Lawyer of the Year” (Aug 20, 2020)
    Schwinghamer Named President of the Collier County Women’s Bar Association (Jul 1, 2020)
    Eleven Roetzel Attorneys Named 2020 Florida Super Lawyers or Rising Stars (Jun 4, 2020)
    Donovan and Schwinghamer Elected to Second Term on CCBA Board of Directors (May 11, 2020)