Downey | McElroy

R. Lee McElroy IV

Lee is a name partner of the firm and a fellow of the American College of Trust and Estate Counsel who practices in the areas of probate and trust litigation, trust and estate administration, guardianship law, and fiduciary litigation. He has an AV rating by Martindale-Hubbell and has litigated and advised on a broad range of probate, trust, and guardianship matters, including will and trust contests, accounting actions, trust reformation proceedings, contested guardianships, elective share proceedings, homestead disputes, tortious interference litigation, and matters involving creditor claims.

In 1998, Lee graduated with honors from Florida State University with a degree in history. He received his Juris Doctorate degree from the University of Tennessee in 2001, was admitted to practice in Tennessee in 2001 and in Florida in 2005. In law school, Mr. McElroy served on Transactions: The Tennessee Journal of Business Law and worked on Bogert, Trusts and Trustees.

After graduating from the University of Tennessee College of Law, Lee served in the United States Navy Judge Advocate General’s Corps for three years. While serving in the JAG Corps he handled estate planning for military personnel and handled trials for courts martial and administrative boards all along the East Coast and Cuba. He was awarded the Navy and Marine Corps Commendation Medal for running a Guantanamo Bay office in Cuba for three months in 2003. He was also awarded the Navy and Marine Corps Achievement Medal for his service from 2002 to 2005. Since leaving the Navy, Lee has focused his practice on estate and trust matters.

Lee is an active member of the Real Property Probate and Trust Law Section of the Florida Bar. He serves on the Probate & Procedure Committee and the Trust Law Committee. He has been a member of the Executive Council of the RPPTL Section since 2011, served as vice chair of the Elective Share Review Committee, and now serves as vice chair of the Probate and Trust Litigation Committee. He also serves on the Florida Bar’s Probate Rules Committee.

As a Real Property, Probate and Trust Law member, Lee has served on a number of subcommittees and been involved in drafting statutes, including:
  1. Will Contest Burden of Proof Statute Subcommittee;
  2. Trustee Fee Subcommittee;
  3. Everbank v. Morey Subcommittee;
  4. The Artificial Reproductive Technology Subcommittee;
  5. Trust Protector Subcommittee;
  6. Pasquale v. Loving Subcommittee

Lee routinely represents corporate and individual fiduciaries, as well as heirs and charitable beneficiaries, and has experience at both the trial court and appellate levels. From 2015-2017, Mr. McElroy has been recognized as a Florida Super Lawyer in the area of Estate and Trust Litigation and previously was an “up and comer” in the same field.

Lee also frequently lectures on probate and trust matters. He has lectured on Ethics, burdens of proof in will and trust contests, Ancillary Administration, Timeliness of Creditor Claims and the Battle of the DCAs in Golden v. Jones, the probate process (2013), dealing with spouses’ elective share (2013 and 2014), closing the estate (2014), maintaining an ethical balance in probate practice (2014), dealing with spouses’ elective share as a reasonable option (2014), attorney confidentiality and probate litigation (2015), trust protectors (2017) and probate pitfalls (2017).