Florida Trust Litigation
Some people use trusts to provide for the distribution of their assets at death, or during life, rather than a will. The primary difference in using a trust to provide for the disposition of assets, and using a will for that purpose, is that the administration of the will through probate is supervised by a court. The trustee named in the trust document typically handles the administration of the trust after the death of the trustmaker.
Other than avoiding the probate process, the same principals of law apply to the administration of trusts as are applicable to wills. A trust that is used to provide for the distribution of assets after death must be signed with the same formalities as a will. The trustmaker (formally called the “grantor” or “settlor”) is subject to the same requirements for legal capacity, competence, and being free of undue influence, as a person making a will. The language of a trust document, just as with a will, may be subject to varying interpretations. The trust document is also subject to Florida’s elective share statutes. The trustee of a trust owes the beneficiaries of the trust the same fiduciary duty that a personal representative owes to the heirs and beneficiaries of a probate estate.
Trust litigation lawyers and attorneys are experienced in the representation of trustees, beneficiaries, or others, who may challenge a trust or the actions of a trustee for any of the following reasons:
1. Improper trust formation or failure to sign the trust with proper witnesses, notary, or other formal requirements:
2. Lack of capacity of the trustmaker
3. Undue influence over the trustmaker
4. Distribution of assets in violation of Florida Statutes, including the spousal elective share
5. Judicial interpretation of unclear, confusing, or ambiguous language in the trust document
6. Trust reformation or modification
7. Breach of fiduciary duty by the trustee for
a. Failure to make proper or timely distributions
b. Failure to make proper or timely accountings
c. Failure to administer the trust in the manner required by the trust document
d. Failure to follow the prudent investor rule or making improper investments
e. Self dealing
f. Excessive trustee compensation
A beneficiary, or prospective beneficiary, in Florida, may also file a lawsuit against one who interferes with that beneficiary’s expected lifetime gift or distribution at death. The prospective beneficiary must show that the deceased person had a specific intent to make the gift or distribution, and that the deceased person would have made the gift or distribution but for the actions of the other individual. Such lawsuits are filed in the circuit court with jurisdiction by filing with the clerk of the court.
Florida Statutes provide that someone who successfully contests a trust, or the actions of a trustee, generally can recover attorney’s fees and costs of litigation from the trust estate.
Attorney's fees for trust litigation lawyers and attorneys who typically represent those contesting a trust or defend trustees of trusts, is usually on an hourly fee basis. In some circumstances, they may agree to represent someone contesting a trust, or the actions of a trustee, for an attorney's fee based on a contingent fee.
If you feel you have a legitimate complaint about the actions of a trustee, or the terms of a trust, or whether the trust is valid under Florida law, or if you are a surviving spouse who was not treated fairly by the terms of a trust, or if you are a trustee accused of improper conduct in the exercise of your trustee’s responsibilities, please contact an experienced trust litigation attorney or lawyer so they can assist you in protecting your rights and actions.
Florida Counties and cities in which Naples Florida estate planning, nursing home abuse, elder law, guardianship, asset protection, and probate lawyers and attorneys offer Naples Florida estate planning, nursing home abuse, elder law, guardianship, asset protection, and probate services:
Alachua |
Gainesville, Alachua, Hawthorne, High Springs, Waldo, Newberry, Micanopy |
Bay |
Panama City, Panama City, Beach, Lynn Haven, Youngstown |
Baker |
Macclenny, Glen Saint Mary |
Bradford |
Starke, Brooker, Hampton |
Brevard |
Cocoa, Cocoa Beach, Merritt Island, Titusville, Melbourne, Palm Bay, Cape Canaveral, Satellite Beach, Rockledge, Barefoot Bay, Indialantic, Malabar |
Broward |
Ft. Lauderdale, Davie, Sunrise, Weston, Coral Springs, Pompano Beach, Hollywood, Hallendale, Plantation, Dania Beach, Coconut Creek, Deerfield Beach, Lauderhill, Lighthouse Point, Margate, Miramar, Oakland Park, Pembroke Pines, Tamarac, Wilton Manors, Hillsboro Beach, Pembroke Park, Cooper City, Port Everglades, Sea Ranch Lakes, Southwest Ranches |
Calhoun |
Blountstown |
Charlotte |
Punta Gorda, Charlotte, Port Charlotte, Palm Island |
Citrus |
Crystal River, Homosassa Springs, Inverness |
Clay |
Orange Park, Middleburg, Green Cove Springs, Keystone Heights, Penny Farms |
Collier |
Naples, Marco Island, Everglades City, Golden Gate, Immokalee, Palm River Estates, Ochopee |
Columbia |
Lake City, Fort White |
DeSoto |
Arcadia, Brownville, Fort Ogden, Hull, Pine Level, Platt |
Dixie |
Cross City, Horseshoe Beach, Old Town |
Duval |
Jacksonville, Jacksonville Beach, Atlantic Beach, Neptune Beach |
Escambia |
Pensacola |
Flagler |
Palm Coast, Flagler Beach, Bunnell, Beverly Beach, Marineland |
Franklin |
Apalachicola |
Gadsden |
Quincy, Chattahoochee |
Gilchrest |
Trenton |
Glades |
Moorehaven |
Gulf |
Port St. Joe, Wewahitchka |
Hamilton |
Jasper, White Springs |
Hardee |
Wauchula |
Hendry |
Clewiston, LaBelle |
Hernando |
Brooksville, Weeki Wachi |
Highlands |
Avon Park, Sebring, Lake Placid, Leisure Lakes |
Hillsborough |
Tampa, Plant City, Temple Terrace, Apollo Beach, Brandon, Lutz, Ruskin, Sun City Center, Riverview, Dover, Thonotosassa, Ybor City |
Holmes |
Bonifay |
Indian River |
Vero Beach, Indian River Shores, Fellsmere, Sebastian |
Jackson |
Marianna |
Jefferson |
Monticello |
Lafayette |
Mayo |
Lake |
Altoona, Clermont, Eustis, Fruitland Park, Lady lake, Leesburg, Minneola, Mount Dora, Tavares, Umatilla |
Lee County |
Fort Myers, Bonita Springs, Cape Coral, Fort Myers Beach, Sanibel, Boca Grande, Estero, San Carlos Park, Lehigh Acres, Waterway Estates |
Leon |
Tallahassee |
Levy |
Bronson, Cedar Key, Chiefland, Williston, Yankeetown |
Liberty |
Bristol |
Madison |
Madison |
Manatee |
Bradenton, Anna Maria Island, Bradenton, Holmes Beach, Longboat Key, Palmetto, Myakka City |
Marion |
Ocala, Leesburg, Belleview, Citra, Dunnellon, Salt Springs, Weirsdale |
Martin |
Stuart, Sewall’s Point, Hobe Sound, Jensen Beach, Jupiter Island, Ocean Breeze Park, Palm City |
Miami-Dade |
Miami, Coral Gables, Coconut Grove, South Miami, Kendall, Homestead, North Miami, North Miami Beach, Miami Beach, Hialeah, Miami Shores, Miami Lakes, Aventura, Bal Harbour, Bay Harbor Islands, Hialeah Gardens, Key Biscayne, Pinecrest, Surfside, Cutler Bay, Doral, Golden Beach, Indian Village, Islandia, Medley, Miami Gardens, North Bay Village, Sunny Isles Beach, Sweetwater, Virginia Gardens, Florida City, Goulds, Biscayne Park |
Monroe |
Key West, Islamorada, Key Largo, Marathon, Big Pine Key, Key Colony Beach, Sugarloaf Key, Tavernier |
Nassau |
Fernandina Beach, Amelia Island, Hilliard, Yulee, Callahan |
Okaloosa |
Fort Walton Beach, Niceville, Cinco Bayou, Destin, Shalimar Valparaiso |
Okeechobee |
Okeechobee |
Orange |
Orlando, Lake Buena Vista, Apopka, Edgewood, Maitland, Ocoee, Windemere, Winter Garden, Winter Park, Zellwood |
Osceola |
Kissimmee, St. Cloud, Celebration |
Palm Beach |
Palm Beach, West Palm Beach, North Palm Beach, Lake Worth, Boca Raton, Delray Beach, Boynton Beach, Greenacres, Highland Beach, Hypoluxo, Juno Beach, Jupiter, Lake Park, Lantana, Ocean Ridge, Palm Beach Gardens, Royal Palm Beach, Wellington, Pahokee, Tequesta, Riviera Beach, Loxahatchee, Manalapan, Ocean Ridge, Glen Ridge |
Pasco |
New Port Richey, Bayonet Point, Gulf Harbors, Dade City, Holiday, Hudson, Land O’Lakes, Odessa, St. Leo, Zephyrhills |
Pinellas |
St. Petersburg, Clearwater, Dunedin, Gulfport, Largo, Oldsmar, Pinellas Park, Safety Harbor, Tarpon Springs, Treasure Island, Belleair, Madeira Beach, North Redington Beach, Seminole, Indian Rocks Beach |
Polk |
Lakeland, Auburndale. Bartow, Eagle Lake, Fort Meade, Haines City, Lake Alfred, Lake Wales, Winter Haven, Frostproof, Polk City, Highland Park, Indian Lake Estates |
Putnam |
Palatka, Interlachen |
Santa Rosa |
Gulf Breeze, Milton |
Sarasota |
Sarasota, Longboat Key, North Port, Venice |
Seminole |
Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford, Winter Springs |
St. Johns |
St. Augustine, St. Augustine Beach, Ponte Vedra Beach, Nocatee, Crescent City, Melrose, Pomona Park, Welaka |
St. Lucie |
Fort Pierce, Port St. Lucie |
Sumter |
Wildwood, Bushnell, The Villages |
Suwannee |
Live Oak |
Taylor |
Perry, Steinhatchee |
Union |
Lake Butler |
Volusia |
Daytona Beach, Ormond Beach, New Smyrna Beach, Deland, Deltona, Edgewater, Holly Hill, Ponce Inlet, Port Orange |
Wakulla |
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Walton |
DeFuniak Springs, Seaside |
Washington |
Chipley |
