How a Trust Litigation Attorney Can Help When Facing a Trust Dispute In Florida
The assistance of a trust litigation attorney is essential if a dispute arises involving the administration and distribution of a trust. Learn more here from Lehn Law, PA.
When Do You Need a Trust Litigation Attorney?
Distributing assets to beneficiaries and settling the final affairs of a deceased person can involve several complexities. In certain situations, beneficiaries may disagree over the construction of the trust document or how the trustee is administering the trust’s assets.
Trust litigation involves legal disputes or disagreements between beneficiaries and trustees over the administration of a trust. Beneficiaries and heirs who have objections concerning the conduct of a trustee or how the trust was administered may commence legal action against the trustee.
A trustee accused of misconduct may also defend themselves against such allegations. Once a legal dispute is filed, the trust will enter litigation. Resolving such matters may require the intervention of the circuit court in Florida.
At Lehn Law, P.A., we are dedicated to providing comprehensive legal guidance and reliable representation to beneficiaries, heirs, and trustees involved in trust administration disputes or trust litigation matters. Attorney Joseph W. Lehn and his legal team are available to discuss your unique circumstances, enlighten you about your legal rights, and help you understand your possible options. Our team will fight diligently to protect your rights and offer you the strong representation you need in every phase of the trust litigation.
Our law firm proudly serves clients throughout Port Charlotte, Rotonda West, Placida, North Port, Charlotte County, and Sarasota County, Florida. If you’re involved in trust litigation, it is imperative that you retain a highly skilled trust litigation attorney to defend your rights. Our experienced attorneys can offer you the detailed legal counsel you need and fight vigorously to protect what is yours. Call Lehn Law, P.A. today to schedule a one-on-one case assessment.
Areas Where a Trust Litigation Lawyer Can Assist
A trust is a fiduciary relationship whereby a person (trustor or settlor) appoints another person (trustee or successor trustee) to help settle their final affairs and transfer assets and property to beneficiaries and heirs upon their death or sudden incapacitation.
The trust may contain several assets, such as real estate property, investments, bank accounts, securities, and business interests. Upon the death of the trustor, or after sudden incapacitation, the successor trustee will step in and administer the estate in accordance with the terms and provisions of the trust.
Furthermore, the trustee owes a legal duty of full disclosure, duty of loyalty, and duty of care to the beneficiaries. If a beneficiary or heir disagrees with the actions or decisions being made by the trustee, they may file a legal dispute. Likewise, a trustee accused of misconduct or incompetence during the trust administration process has the right to defend themselves.
Reasons a Beneficiary May Need a Litigation Attorney For Trust
In some situations, a beneficiary who was cut out completely from the trust or received fewer assets than expected can file a lawsuit challenging the legal validity of the trust.
Some possible reasons to contest a trust include:
- The trust doesn’t reflect the trustor’s wishes
- Current realities prevent the trust from serving its intended purpose
- The trustee’s actions violate the terms and provisions of the trust
- Lack of requisite formalities
- Lack of testamentary capacity
- Trust language is complicated or ambiguous
- Settlor’s mistake
- Insane delusion
- Undue influence
- Breach of fiduciary duty
- Tortious interference with a trust
- Mistake in execution
- Failure to account for the trust assets.
Best Trust Litigation Lawyer
Having the right legal representation is important to have the best chances of a successful outcome in your trust litigation. Our experienced attorneys at Lehn Law, P.A., represent beneficiaries, heirs, and trustees involved in trust disputes and trust litigation matters.
If you have a case, our team will handle all the stages involved in the litigation process, including case review, and represent you in probate court. We will outline the best strategy for your unique situation and improve your chances of the best possible outcome for your case. Call us today to schedule a free consultation.
Contesting a Trust With the Help of a Dispute Litigation Attorney
Contesting a trust in Florida usually starts by filing a lawsuit with the probate court. The party contesting the trust will state the exact grounds for contesting and provide various documents and evidence supporting their claims.
According to Florida Statutes Section 736.0604, an action to contest the validity of one trust that was revocable at the settlor’s death must be commenced within six (6) months after the trustee sent the person a copy of the trust instrument.
Our knowledgeable Port Charlotte trust litigation lawyers have the experience and skills to assist with contesting a trust. We aim to establish a cordial attorney-client relationship and help you in a way that works best for you.
How Trust Litigation Lawyers Resolve Trust Disputes
Resolving trust disputes involve interacting between the beneficiaries and trustee. Some of the available resolution options in a trust dispute include:
Out of Court Settlement: Settling out of court requires the trustees or beneficiaries to resolve the issues amicably and come to a non-judicial settlement agreement. If they’re unable to reach an agreement, they may take the matter to court.
Litigation: If the out-of-court settlement option is not pursued or productive, a lawsuit will be filed in the Florida probate court. A court hearing will be scheduled where both parties will be allowed to present their case. A trust dispute litigation attorney can help provide the necessary evidence and documentation required for the Florida probate court to review the issue.
Others: Other possible options to resolve trust disputes include:
- Reforming the trust document to follow Florida law.
- Removing the trustee for breaching fiduciary duties, misconduct, or incompetence.
Our experienced trust litigation attorneys can review your unique situation and determine the best trust dispute resolution option that will achieve desired results.
Contact a Trust And Estate Litigation Attorney in Port Charlotte, Florida
If you’re involved in a trust dispute or lawsuit, contact Lehn Law, P.A. to schedule a free consultation and find out how we can help you.
Attorney Joseph W. Lehn and his experienced legal advocates can fight vigorously to protect what belongs to you and help fight for the justice you deserve. We are proud to represent beneficiaries and trustees throughout Port Charlotte, Rotonda West, Placida, North Port, Charlotte County, and Sarasota County, Florida.