Trust Litigation Lawyer in Florida

Resolving Trust Disputes Efficiently and Effectively

STEP ONE: Personalized Case Consultation and Evaluation

Your journey with us begins with a detailed consultation where we carefully evaluate your situation. We’ll take the time to understand your concerns, thoroughly assess the details of the trust dispute, and offer clear explanations of your legal options, ensuring you feel confident in your next steps.

STEP TWO: Crafting a Strategic Approach

Our seasoned trust litigation attorneys will examine your case's complexities, identify key legal issues and craft a customized strategy designed to protect your interests. Whether through negotiation, mediation, or determined courtroom representation, we’ll ensure your case is handled with precision.

STEP THREE: Dedicated Advocacy for a Fair Resolution

Throughout the litigation process, MTM Law Firm will be your steadfast advocate, fighting for your rights every step of the way. We’re focused on achieving an efficient and fair resolution so you can put the dispute behind you and move forward with confidence and peace of mind.

Why Choose MTM for Trust Litigation in Florida?

When disputes arise over a trust, navigating the complexities of litigation requires experienced and compassionate legal guidance. At MTM Law Firm, we understand the emotional weight of these situations and are dedicated to protecting your rights and ensuring a fair resolution.

Streamlined Approach

We understand the urgency of resolving trust litigation matters. Our team prioritizes efficiency, working diligently to streamline the legal process and minimize delays, allowing you to move forward with peace of mind.

Clear Legal Expertise

Florida law provides a clear framework for trust litigation, outlining procedures and deadlines that must be met. Our skilled trust litigation lawyers possess a deep understanding of these laws and will guide you through every step, ensuring compliance and protecting your rights.

Expert Representation

Trust litigation often involves complex legal arguments and negotiations. At MTM Law Firm, we'll provide you with the expert representation you need to navigate these challenges effectively. We'll advocate for your best interests, ensuring your voice is heard, and your rights are protected.

If you have questions about Probate or Trust Litigation issues, call 863.250.2990 today to schedule your Free Consultation with our Probate attorneys.

Frequently Asked Questions Regarding Trust Litigation

What are the most common reasons a trust is challenged in Florida?

The most frequent basis for challenging a trust's validity in Florida is undue influence, where a third party is alleged to have coerced the grantor into creating or amending the document. Florida Statute §736.0406 explicitly voids any trust provision procured by fraud, duress, mistake, or undue influence. A common dispute is also the lack of testamentary capacity, arguing the grantor did not have the "sound mind" required to understand the assets, beneficiaries, and effect of the trust when it was signed. Challenges may also arise from the improper execution of the trust, as the Florida Trust Code requires a trust to be signed with the same formalities as a Will, including two witnesses. Furthermore, a substantial number of trust disputes are directed not at the trust's validity, but at the trustee's administration. Beneficiaries often file suit alleging a breach of fiduciary duty, such as mismanaging assets, failing to provide proper accounting, or self-dealing. Disputes also occur over the interpretation of ambiguous trust language when the terms governing asset distribution are unclear. Ultimately, any party contesting a Florida trust must have legal standing and present strong evidence to overcome the document's presumption of validity.

In the State of Florida, what is undue influence relating to a Trust, and what evidence is needed to prove it?

In Florida, undue influence concerning a trust is defined as over-persuasion, coercion, or artful contrivances that destroy the grantor's free agency and substitute the influencer's will for the grantor's own. Under Florida Statute §736.0406, a trust is void if its creation or amendment is procured by undue influence. To prove this claim, Florida courts apply the common law presumption established in the seminal case, In re Estate of Carpenter. This presumption shifts the burden of proof to the accused if the challenger demonstrates three elements. The accuser must first prove the influencer was a substantial beneficiary under the trust. Second, the influencer must have held a confidential relationship with the grantor, such as a caregiver or attorney. The third and most critical element is demonstrating the influencer was active in the procurement of the trust. Active procurement is evidenced by factors like the beneficiary recommending the drafting attorney, being present at the signing, or isolating the grantor from other beneficiaries. If these three Carpenter elements are established, the beneficiary must then prove that the document was not the product of undue influence. Due to the difficulty of direct proof, this claim is typically proven using circumstantial evidence of the influencer's actions.

What are some common examples of a trustee breaching their fiduciary duty in the State of Florida?

A breach of a trustee's fiduciary duty in Florida generally involves a violation of the standards set forth in the Florida Trust Code, Chapter 736. One of the most common examples is self-dealing, where a trustee prioritizes their own financial interests over those of the trust's beneficiaries, a violation of the duty of loyalty (§736.0802). Another frequent breach is the failure to administer the trust as a prudent person would, which includes negligently managing or investing trust assets, causing a loss of value (§736.0804). Failure to provide a required accounting to qualified beneficiaries at least annually is a serious statutory breach that often leads to trustee removal (§736.0813). The commingling of trust funds with a trustee’s personal assets is also strictly prohibited and raises a presumption of wrongdoing (§736.0810). Furthermore, a trustee breaches their duty of impartiality when they favor one beneficiary or class of beneficiaries over another, such as by disproportionately distributing assets (§736.0803). Misappropriation of trust assets, which is outright theft or embezzlement, represents an extreme form of breach of the duty of loyalty. Breaches may also involve the failure to take control of and protect the trust property upon accepting the trusteeship (§736.0809). Ultimately, any action taken in bad faith or with reckless indifference to the beneficiaries' interests constitutes a breach of the fundamental duty to administer the trust in good faith (§736.0801).

In Florida, what is a surcharge action, and when would I use one involving Trust Litigation?

A surcharge action in Florida trust litigation is a lawsuit brought by a beneficiary to hold a trustee personally liable for losses or damages resulting from a breach of fiduciary duty. The primary purpose of the surcharge is to restore the value of the trust property and distributions to what they would have been had the breach not occurred (§736.1002, Fla. Stat.). Surcharge is used when a trustee's negligent or intentional misconduct, like mismanagement of investments or self-dealing, has financially harmed the trust's principal. It is often employed in conjunction with a petition to remove the trustee due to a serious breach of trust (§736.0706, Fla. Stat.). Specifically, Florida law dictates the trustee is liable for the greater of the amount required to make the trust whole or the profit the trustee made by reason of the breach. To seek a surcharge, the beneficiary must prove the existence of a fiduciary duty, a breach of that duty, and that the breach was the proximate cause of the damages. Because a surcharge results in a monetary judgment against the trustee in their individual capacity, proper personal service is required. Thus, a surcharge action is the essential legal tool for beneficiaries to recover economic losses caused by a disloyal or careless trustee.

Relating to Trust Litigation, what is a "no-contest" clause, and is it enforceable in Florida?

A "no-contest" clause, also known as an in terrorem clause, is a provision in a trust instrument that aims to deter beneficiaries from challenging the validity of the trust itself. Typically, it stipulates that any beneficiary who contests the trust and loses will forfeit their entire inheritance or be penalized. The intent is generally to prevent costly trust litigation and honor the settlor's final wishes without dispute. However, this clause is not enforceable under current Florida law, a stance codified in the Florida Trust Code. Florida Statute §736.1108(1) explicitly states that a provision in a trust instrument purporting to penalize any interested person for contesting the trust is unenforceable. This statutory prohibition reflects Florida's public policy that individuals should not be deterred from seeking a judicial determination on the validity of a trust, especially in cases involving fraud or undue influence. Therefore, an interested person can challenge a Florida trust's validity without fear of automatic disinheritance under this clause.

Probate and Trust Litigation Lawyers serving Polk County Florida, including: Lakeland, Winter Haven, Bartow, Auburndale, Babson Park, Bowling Green, Bradely Junction, Brewster, Combee Settlement, Crooked Lake Park, Crystal Lake, Cypress Gardens, Davenport, Dundee, Eagle Lake, Fort Meade, Frostproof, Fussels Corner, Gibsonia, Green Pond, Haines City, Highland Park, Highlands City, Hillcrest Heights, Jan Phyl Village, Inwood, Kathleen, Lake Alfred, Lake Hamilton, Lake Wales, Lakeland Highlands, Mulberry, Polk City, Willow Oak, Wahneta, Waverley, Hillsborough County Florida, including: Tampa, Brandon, Plant City, Citrus Park, Temple Terrace, Apollo Beach, Balm, Bealsville, Bloomingdale, Cheval, Dover, Egypt Lake-Leto, Fort Lonesome, Gibsonton, Greater Carrollwood, Greater Sun Center, Gulf City, Hopewell, Keysville, Lake Magdalene, Lithia, Lutz, Mango, Orient Park, Palm River-Clair Mel, Pebble Creek, Progress Village, Riverview, Ruskin, Seffner, Sun City, Thonotosassa, Town 'N Country, Turkey Creek, Valrico, Westchase, Wimauma, Ybor City, Orange County Florida, including: Orlando, Maitland, Apopka, Winter Park, Alafaya, Bay Lake, Belle Isle, Bithlo, Christmas, Doctor Phillips, Eatonville, Edgewood, Fairway Shores, Goldenrod, Gotha, Hunter's Creek, Lake Buena Vista, Lockhart, Meadow Woods, Oakland, Ocoee, Orlovista, Pine Castle, Pine Hills, Southchase, South Apopka, Taft, Tangerine, Union Park, Wedgefield, Williamsburg, Windermere, Winter Garden, Zellwood, Central Florida and throughout the State of Florida.