Thomas M. Karr, P.A. practices in the area of probate and trust litigation. He has experience with complex probate and fiduciary litigation as well as commercial litigation, class actions, securities fraud, product liability, complex insurance matters and lender liability litigation.

Mr. Karr is the co-vice chair of the Probate and Trust Litigation Committee of the Real Property Probate and Trust Law Section of the Florida Bar, is a member of the Executive Council of the Real Property Probate and Trust Law Section, and is a circuit representative to the Executive Council from the Eleventh Judicial Circuit. He speaks frequently on topics related to probate, trust, and fiduciary litigation. Mr. Karr is a 1982 cum laude graduate of the University of Miami School of Law and a cum laude graduate of the University of Miami.

Areas Of Practice

Probate, Trust and Fiduciary Litigation

Representative Matters

Trust beneficiary claim to modify trust.
Prosecution of claim on behalf of corporate trustee to determine title and ownership of retirement account involving issues of undue influence and lack of capacity.
Corporate fiduciary's claim for return of estate assets conveyed during decedent's lifetime as a result of fraud and undue influence.
Representation of trust beneficiary in proceeding to amend trust regarding trustee succession.
Representation of beneficiary to estate investigating identity, nature and value of estate assets.
Representation of personal representative in action seeking determination of homestead and defending against charges of maladministration and surcharge.
Defense of private individual serving as personal representative and trustee from claims seeking removal and surcharge.
Ancillary personal representative in action to preserve estate assets valued in excess of $2 million including a determination of beneficiary status due to beneficiary's alleged murder of the decedent.
Claimant in action against estate for breach of contract claim in excess of $1 million.
A large national charitable institution as charitable residual beneficiary of a trust valued in excess of $4 million.
Private individual in action to revoke probate of lost or destroyed will.
Citicorp Trust and private individual as co-trustees of irrevocable trust in litigation attacking validity of trust valued in excess of $6 million and elective share claim.
Private individual serving as personal representative of estate in litigation arising out of elective share claim
Private individuals as intestate heirs of estate valued in excess of $5 million in injunctive relief action to obtain return of wrongful distributions.
Two large national charitable institutions as charitable residuary beneficiaries of a trust valued in excess of $4 million in a litigated dispute with the trustee over trust administration and professional fees.
Ex-spouse of a decedent enforcing multiple claims against the decedent's estate valued in excess of $2.6 million arising out of a property settlement agreement.
WCI Communities, Inc., one of the largest real estate developers in Florida, in a complex inverse condemnation and substantive due process action arising out of the city of Coral Springs' imposition of a moratorium on multi-family housing.
A private individual in a probate action involving an estate in excess of $15 million and separate proceedings for a will contest, tax apportionment, and accounting of trust assets.
FPL Group, Inc. in two shareholder derivative actions arising out of the payment of certain employment benefits resulting from a single trigger change of control provision in connection with shareholder approval of a merger.
A private owner of a piece of real property valued by the Miami-Dade County Property Appraiser in excess of $34 million in a proceeding to obtain an agricultural classification of the property.
Former Secretary of State of Florida, Katherine Harris, in multiple actions throughout Florida arising out of the 2000 Presidential Election; direct involvement in trial of main action and subsequent appeals to the United States and Florida Supreme Courts.
OLDE Discount Corporation, now known as H&R Block Financial Advisors, Inc., in a class action for alleged securities fraud, consumer fraud, and common law fraud in the Superior Court of Maricopa County, Arizona.
Morgan Stanley Dean Witter & Company, Discover Card Financial Services, Inc., and Greenwood Trust Company in a putative class action for alleged consumer collection practice violations and unfair trade practices in the U.S. District Court for the Southern District of Florida.
Cap Gemini America, Inc., one of the nation's largest information technology consulting companies, in a complex breach of contract action arising out of the development and installation of specialized software to improve the manufacture of glass containers.
Nissho Corporation, a Japanese manufacturer of medical devices and its U.S. subsidiary, Nipro Medical Corporation, in a dispute with its distributor and the Federal Food and Drug Administration arising out of allegedly defectively designed dialysis devices.
Florida Power & Light Company in an action arising out of administrative proceeding to enforce rules promulgated by Florida Public Service Commission.
FPL Group, Inc. in several actions throughout Florida, including: Dade, St. Lucie, Putnam and Duval counties, contesting the ad valorem assessments of its tangible personal and real property, including the valuations of its nuclear power plants as affected by recent changes in the regulation of the power industry.
McDonald's Corporation in franchise territorial dispute in U.S. District Court for the Southern District of Florida.
FPL Group, Inc. in U.S. District Court for the Southern District of Florida defending action for damages arising out of alleged exposure to nuclear radiation. Motion to dismiss granted, affirmed on appeal to the Eleventh Circuit Court and certiorari denied by the U.S. Supreme Court.
Price Waterhouse in the U.S. District Court for the Southern District of Florida in action for securities fraud and accounting malpractice action seeking damages in excess of $100 million.
Miami-Dade Community College, a two-year, state-supported community college that serves more than 120,000 students each year from five campuses and numerous outreach centers, in action against the contractor and architect for construction delay and defects and architectural malpractice.
K-Mart Corporation in a construction delay action in the U.S. District Court for the Southern District of Florida.
NCL Corp. in superfund cost recovery claim of approximately $10 million in the U.S. District Court for the Southern District of Florida.
Carner Mason Associates, Ltd., in a breach of contract suit against the City of Miami Beach and its redevelopment agency over the development of one of the largest marina projects in the Southeastern United States.
FPL Group, Inc. in U.S. District Court for the Middle District of Florida in complex RlCO and breach of contract action
Mitsubishi Motor Sales of America, Inc. (MMSA) and Value Rent A Car, Inc., in a complex fraud and breach of contract action arising out of MMSA's acquisition of Value Rent A Car, Inc.
Southeast Bank in a complex lender liability action.
Alumax, Mitsubishi Motor Sales of America, Inc., Nissan Motors, Motorola Corp., and several other major corporations in a complex fidelity bond action in the Federal District Court for the Central District of California.
Alumax Extrusions, lnc. in Benton, Indiana, in complex breach of contract.

Professional Activities

American Bar Association
The Florida Bar
- Real Property Probate and Trust Law Section
-- Probate and Trust Litigation Committee
--- Co-Vice Chair
-- Probate Law Committee
- Grievance Committee
-- Former Chair
Dade County Bar Association
Phi Alpha Delta

Admissions

Florida
U.S. District Courts for the Southern, Middle, and Northern Districts of Florida
11th Circuit Court of Appeals

Education

University of Miami School of Law, J.D., cum laude, 1982
University of Miami (FL), B.A., cum laude, 1979

Experience

Duane Morris LLP
- Partner, 2007-present
Berger Singerman
- Partner, 2005-2007
Steel Hector & Davis LLP
- Partner, 1988-2005

Board Memberships

Coral Gables War Memorial Youth Center
- Member, Board of Directors
- Member, Scholarship Committee

Civic and Charitable Activities

Lawyers for Children Task Force
- Member and Guardian Ad Litem
Domestic Violence Task Force
U.S. Selective Service Board
- Appointed by President of the United States, 1993
Haitian Asylum Task Force
Hurricane Andrew Crisis Task Force

Honors and Awards

Top South Florida Lawyer, South Florida Legal Guide, 2007 and 2008
Super Lawyers, 2007 and 2008
Florida Trend Magazine Legal Elite, 2007 and 2008

Selected Speaking Engagements

"Trustee Surcharge Actions," Attorney/Trust Officer Liaison Conference, June 19, 2008
"Removing the Trustee or Modifying the Trust: Just How Difficult or Easy Is It?" The Florida Bar Trust and Estate Symposium 2008, Tampa, Florida, February 8, 2008; Fort Lauderdale, Florida, February 18, 2008
"Two Sides to the Trustee Dilemma: Who Pays While Defending Fiduciary Liability Litigation?" The Florida Bar Trust & Estate Symposium 2007, Tampa, Florida, May 17, 2007; Fort Lauderdale, Florida, May 25, 2007
Multiple speeches to members of the Miami-Dade and Collier County Bar Associations and the Corporate Fiduciaries of Southwest Florida on current litigation topics