Maitland Family Trust Litigation Attorney
In general, a trust transfers legal title of money or other property from a person to a legal entity. In many cases, the owner continues to manage the property. This simple change often has a number of benefits, including probate avoidance. So, many people create trusts, including family trusts. A family trust is a legal vehicle which transfers property to another family member, usually a child.
At The Troum Law Firm, our Maitland family trust litigation attorneys are capable of addressing issues concerning family trusts, in the event that they are challenged in court. So, regardless of your legal needs in this area, we are well-positioned to provide the litigation services you need. In furtherance of this commitment, we also offer other pre- and post-divorce services as well, such as premarital agreements, enforcement and modifications.
Challenging a Trust in Orange County Court
Sometimes, there are technical problems with the trust. For example, these trusts must contain precise language under Florida law. Many do-it-yourself Internet trusts do not have the requisite wording.
Other times, there is an issue with the settlor or trustee. An unscrupulous person may have exercised undue influence over the settlor, and as a result, the trust may go well outside the lines of established inheritance law. Or, the trustee may have been lax. A trustee has a fiduciary duty. The trustee must cast aside all thoughts of personal gain and only do what is best for the beneficiary.
In probate or other court, the challenging party must usually establish undue influence, incompetence, or other flaw by a preponderance of the evidence (more likely than not).
Contact a Hard-Hitting Lawyer
A proper family trust is an important part of property distribution. For a consultation with an experienced family law attorney in Maitland, contact The Troum Law Firm, P.A. Convenient payment plans are available.