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Maitland Divorce Attorney > Longwood Family Trust Litigation Attorney

Longwood Family Trust Litigation Attorney

A trust typically transfers the legal title of property or money from one person to a legal entity. In some cases, the trust owner is the one who manages the property that was transferred into the trust. Making this seemingly simple change offers multiple benefits, including the ability to avoid probate in many cases. There are various types of trusts, depending on your goals. One of these is a family trust, which is a legal tool that transfers property to another family member.

Disputes over trusts are not necessarily uncommon, even with family trusts. If there is conflict, you need to speak with a skilled attorney as soon as possible. At the Troum Law Firm, P.A., our Longwood family trust litigation attorneys can address numerous concerns and problems, including a court challenge. We have over 30 years of experience with family law matters, including family trust litigation.

Challenging a Family Trust in a Florida Court

There are multiple reasons as to why someone would want to challenge a Florida trust. First, there could be a technical problem with the trust itself. For example, Florida law says these types of trusts must contain specific language. Most of the do-it-yourself trusts will not stand up in court. They do not have the requisite wording necessary to comply with Florida law.

Another potential claim is for lack of mental capacity. This is when you believe the person who executed the trust was not of sound mind at the time. The lack of capacity could be related to age, such as dementia, or it could be due to being on heavy medication at the time.

In other situations, there may be a problem with the trustee or settlor. Someone with nefarious intentions may have exercised undue influence over the trust’s creator. As a result, the trust could go beyond the lines of established inheritance law. Or, there are situations where the trustee’s actions are called into question. Trustees have a fiduciary duty to act in the best interests of the beneficiaries. If they put their own needs and personal gain ahead of the beneficiaries, they are breaching their fiduciary duty.

You can file to have a trustee removed in certain situations. The settlor, a co-trustee, or a beneficiary can initiate proceedings. If the court determines the trustee’s behavior led to mismanaging funds, taking excessive fees, etc., they may be removed for cause. In addition, they may be facing a surcharge action, which requires the trustee to restore the losses the trust sustained due to their breach of fiduciary duty.

If all beneficiaries can agree, Florida law allows for a trustee to be removed provided they can show a substantial change in circumstances. There is no requirement to show malfeasance with this option. You just need to show that the trustee’s removal is in the best interests of all beneficiaries, and there is a suitable successor trustee or a co-trustee that will be available to step up.

Contact a Longwood Family Trust Litigation Attorney

If you have questions on setting up family trusts or you have concerns about an existing family trust, let our skilled Longwood family trust litigation attorneys help. Contact the Troum Law Firm, P.A. today to schedule an initial consultation.

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