The Florida Probate Lawyer, PLLC
Probate Representation Throughout Florida
Main Office: 9250 Baymeadows Road, Suite 450
Jacksonville, Florida 32256
Telephone: (904) 448-1969
Fax: (904) 448-5244
Toll Free: (888) 492-2468
Email: info@thefloridaprobatelawyer.com
Trust Litigation
Some people utilize trusts to provide for the distribution of their estate assets at death, or during life, rather than a last will and testament. The primary difference in using a trust to provide for the disposition of estate assets, and using a will for that purpose, is that the administration of the will through probate is supervised by a Florida probate court. The trustee named in the trust document typically handles the administration of the trust estate after the death of the trustmaker.
Other than avoiding the probate process, the same principals of law apply to trustees in the administration of trusts in Florida as are applicable to personal representatives in the Florida probate of wills. A revocable trust that is used to provide for the distribution of estate assets after death must be signed with the same formalities as a last will and testament. The trustmaker (formally called the “grantor” or “settlor”) of the trust is subject to the same requirements for legal capacity, competence, and being free of undue influence, as a person making a last will and testament. The language of a trust document, just as with a last will and testament, may be subject to varying interpretations. The trust document is also subject to
The trust litigation lawyer and estate litigation attorney with The Florida Probate Lawyer, PLLC, 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 as required by Florida trust law;
2. Lack of capacity of the trustmaker;
3. Undue influence over the trustmaker;
4. Distribution of trust assets in violation of the Florida Trust Code, including the spousal elective share;
5. Judicial interpretation or construction 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 as required by the Florida Trust Code;
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 or conflicts of interest;
f. Excessive trustee compensation;
A beneficiary, or prospective beneficiary, in
Florida Statutes provide that someone who successfully contests a trust, or the actions of a trustee, through trust litigation or estate litigation, generally can recover attorney’s fees and costs of litigation from the trust estate.
The trust litigation lawyer and estate litigation attorney at The Florida Probate Lawyer, PLLC, represents those challenging a trust or its terms, or defend trustees of trusts, on an hourly fee basis. In some circumstances, we may agree to represent someone contesting a trust, or the actions of a trustee, on a contingent fee basis.
If you feel you have a legitimate complaint about the actions of a Florida trustee, or the terms of a Florida trust, or whether the trust is valid under Florida law; or if you are a 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 duties and responsibilities, please contact us so that our trust litigation lawyers and estate litigation attorneys can assist you in protecting your rights and actions.
This material represents general legal information about trust litigation under Florida law. Since the Florida probate law and Florida trust law is continually changing, some provisions may be out of date. It is always best to consult an experienced Florida trust litigation lawyer or estate litigation attorney about your legal rights and responsibilities regarding your particular case.
|
|
|
|
|
|
|
|
Macclenny, Glen Saint Mary |
|
|
Starke, Brooker, Hampton |
|
|
Cocoa, Cocoa Beach, Merritt Island, Titusville, Melbourne, Palm Bay, Cape Canaveral, Satellite Beach, Rockledge, Barefoot Bay, Indialantic, Malabar |
|
|
|
|
|
Blountstown |
|
|
Punta Gorda, |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Cross City,
|
|
Duval County |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Moorehaven |
|
|
Port St. Joe, Wewahitchka |
|
|
Jasper, White Springs |
|
|
Wauchula |
|
|
Clewiston, LaBelle |
|
|
Brooksville, Weeki Wachi |
|
|
|
|
|
Tampa, Plant City, Temple Terrace, Apollo Beach, Brandon, Lutz, Ruskin, Sun City Center, Riverview, Dover, Thonotosassa, Ybor City |
|
|
Bonifay |
|
|
|
|
|
Marianna |
|
|
|
|
|
Mayo |
|
|
|
|
|
Fort Myers, Bonita Springs, Cape Coral, Fort Myers Beach, Sanibel, Boca Grande, Estero, San Carlos Park, Lehigh Acres, Waterway Estates |
|
|
|
|
|
Bronson, Cedar Key, Chiefland, Williston, Yankeetown |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Stuart, Sewall’s Point, Hobe Sound, Jensen Beach, Jupiter Island, Ocean Breeze Park, Palm City |
|
|
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 |
|
|
|
|
|
|
|
|
|
|
|
Okeechobee |
|
|
|
|
|
|
|
|
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 |
|
|
New Port Richey, Bayonet Point, Gulf Harbors, Dade City, Holiday, Hudson, Land O’Lakes, Odessa, St. Leo, Zephyrhills |
|
|
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 |
|
|
|
|
|
Palatka, Interlachen |
|
|
Gulf Breeze, |
|
|
|
|
|
|
|
|
|
|
St. Lucie |
|
|
|
Wildwood, Bushnell, The Villages |
|
|
Live Oak |
|
|
Perry, Steinhatchee |
|
|
|
|
|
Daytona Beach, Ormond Beach, New Smyrna Beach, Deland, Deltona, Edgewater, Holly Hill, Ponce Inlet, Port Orange |
|
|
|
|
|
DeFuniak Springs, |
|
|
Chipley |
The hiring of a lawyer is an important decision and should not be based on advertising alone. Before hiring us, please request that we provide you with additional information about our education and experience.
Copyright . The Florida Probate Lawyer, PLLC. All rights reserved.
The Florida Probate Lawyer, PLLC, 9250 Baymeadows Road, Suite 450, Jacksonville, Florida 32256, Telephone (904) 448-1969, Fax: (904) 448-5244, Toll Free (888) 492-2468, Email: info@thefloridaprobatelawyer.com.
