Trust Litigation in Florida

Mon 08th May, 2023 Probate and Trust Litigation

Trust disputes often escalate into litigation, which may involve challenging the validity of the trust itself or disputes over its interpretation and administration. Trust litigation can be similar to challenging a will during the probate process. The process is complex, and it’s best to work with a local Florida trust litigation attorney from Purcell, Flanagan, Hay & Greene for guidance on your options.

Trust Litigation in Florida 

Trust litigation is a legal conflict that involves the validity or administration of a trust which was often executed by a now-deceased person. These claims are handled separately from the probate process in Florida. A complaint must be filed to begin trust litigation under Florida Statute Ch. 736.0201. Depending on the county, the case may be assigned to either a probate or civil division. A skilled Florida trust litigation lawyer can assist you in filing the complaint in the appropriate court and managing the legal process on your behalf to protect your rights, as well as consider alternative options for resolution. 

Litigation can become a time-consuming and expensive process. In some cases, alternative dispute resolution (ADR) methods like mediation and arbitration can be used to resolve trust disputes outside of the courtroom. These methods allow for resolutions that are more flexible and confidential, but not all trust disputes are well-suited for ADR tactics. Some disputes may require a court’s intervention to resolve, and in those cases, traditional litigation may be the best option. Your Florida trust litigation lawyer can help determine the best method based on the unique circumstances of your case.

Trust Dispute Resolutions

If you have a trust dispute that leads to litigation, the most common solutions include: 

  • Removal of the designated trustee may be accomplished for a variety of reasons included breach of the trust or failure to administer it properly
  • The court’s requiring an trust accounting to provide a detailed information about trust activities to ensure that the trust was administered in line with Florida law and its own terms 
  • The court’s requiring the trustee to make improperly withheld distributions 
  • The court’s compelling the trustee to perform their duties under the trust 
  • Appointment of a receiver or special fiduciary to administer the trust 
  • Modifying or terminating the trust 

It’s crucial to understand your options if the trust you’re a beneficiary of is mishandled.. Legal conflicts arising from trust disputes can be intricate and protracted, but seeking assistance from a knowledgeable trust litigation attorney at Purcell, Flanagan, Hay & Greene will offer guidance at each stage of the process.

Connect with a Trust Litigation Lawyer from Purcell, Flanagan, Hay & Greene

To learn how we can help, reach out to Purcell, Flanagan, Hay & Greene by giving us a call at 904-355-0355.