The following information has been provided by The Coleman Law Firm, PLLC.
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
Other than avoiding the probate process, the same principals of law apply to the administration of trusts as are applicable to probate of 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
Trust litigation lawyers and attorneys experienced in the representation of trustees, beneficiaries, or others, may challenge a trust or the actions of a trustee by filing a petition with the clerk of court in the appropriate county 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
2. Lack of capacity of the trustmaker
3. Undue influence over the trustmaker
4. Distribution of assets in violation of the Florida Trust Code, 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 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
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, generally can recover attorney’s fees and costs of litigation from the trust estate.
Trust litigation lawyers and attorneys usually represent those challenging a trust or its terms, or defend trustees of trusts, on an hourly fee basis. In some circumstances, they 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 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, you should contact an experienced trust litigation lawyer or attorney who can assist you in protecting your rights and actions.
This material represents general legal information. Since the law is continually changing, some provisions may be out of date. It is always best to consult an experienced
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Macclenny, Glen Saint Mary |
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Starke, Brooker, Hampton |
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Cocoa, Cocoa Beach, Merritt Island, Titusville, Melbourne, Palm Bay, Cape Canaveral, Satellite Beach, Rockledge, Barefoot Bay, Indialantic, Malabar |
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Blountstown |
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Punta Gorda, |
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Cross City,
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Duval |
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Moorehaven |
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Port St. Joe, Wewahitchka |
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Jasper, White Springs |
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Wauchula |
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Clewiston, LaBelle |
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Brooksville, Weeki Wachi |
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Tampa, Plant City, Temple Terrace, Apollo Beach, Brandon, Lutz, Ruskin, Sun City Center, Riverview, Dover, Thonotosassa, Ybor City |
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Bonifay |
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Marianna |
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Mayo |
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Fort Myers, Bonita Springs, Cape Coral, Fort Myers Beach, Sanibel, Boca Grande, Estero, San Carlos Park, Lehigh Acres, Waterway Estates |
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Bronson, Cedar Key, Chiefland, Williston, Yankeetown |
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Stuart, Sewall’s Point, Hobe Sound, Jensen Beach, Jupiter Island, Ocean Breeze Park, Palm City |
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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 |
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Okeechobee |
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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 |
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New Port Richey, Bayonet Point, Gulf Harbors, Dade City, Holiday, Hudson, Land O’Lakes, Odessa, St. Leo, Zephyrhills |
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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 |
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Palatka, Interlachen |
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Gulf Breeze, |
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St. Lucie |
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Wildwood, Bushnell, The Villages |
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Live Oak |
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Perry, Steinhatchee |
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Daytona Beach, Ormond Beach, New Smyrna Beach, Deland, Deltona, Edgewater, Holly Hill, Ponce Inlet, Port Orange |
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DeFuniak Springs, |
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Chipley |
Legal Notice and Disclaimer. The materials within this website are for informational purposes only. This information does not constitute legal advice and should not be relied upon by any individual. Communication of this information is not intended to create, and receipt does not constitute, the establishment of an attorney-client relationship. Internet users and readers should not act upon this information without first seeking professional legal counsel for your particular circumstances. The information on this website is provided only as general information which may or may not reflect the most current legal information.
