Probate and Trust Disputes in Kendall, Handled With Care

Probate Litigation Attorney Kendall: Trust Disputes and Fiduciary Conduct

A probate litigation attorney in Kendall can help when trust decisions cause conflict, trust documents are unclear, or you suspect a fiduciary is acting in his or her own interest instead of yours. Trust Counsel, PL focuses on trust and estate disputes. We serve clients in Kendall, and our only office is in Coral Gables. Trust litigation may be a path to resolution under the trust instrument and Florida law. The firm advises and represents beneficiaries, heirs and fiduciaries in disputes over the validity of a trust, its administration and the conduct of those who manage family assets.

What Trust Litigation Involves

Trust litigation is a legal action to resolve disputes about whether a trust is valid, how its terms should be read, whether it is being administered properly, or whether beneficiaries are receiving what the trust provides. It differs from probate litigation, which handles disputes over wills and estates after a person dies. Trust litigation focuses on trusts that may be active during the settlor’s lifetime or remain in effect long after.

Trust disputes can arise from alleged fiduciary misconduct, uneven or delayed distributions, unclear or conflicting trust language, or disagreements over whether a fiduciary should be removed. The parties may include beneficiaries seeking accountability, fiduciaries defending their actions, co-fiduciaries in conflict and, in some cases, protectors of the trust or the settlor’s estate.

Common Trust Disputes

Families and business owners can face trust disputes tied to family dynamics and asset management decisions. Family members may disagree about how a fiduciary used discretion in distributions or investments. One beneficiary may be treated differently from another, which can lead to claims of unfair administration.

A qualified beneficiary of an irrevocable trust may be denied a complete copy of the trust instrument, even though Florida law requires the trustee to provide one upon reasonable request. Depending on the trust and Florida law, that beneficiary may have a right to request it, and may need advice to enforce that right. Claims of undue influence, meaning pressure or manipulation when a trust was created or amended, and outright fraud sometimes surface years after a trust is signed. Disputes about a fiduciary’s fitness, capacity or willingness to serve can lead to removal proceedings. These are not abstract legal problems. They are family conflicts with real financial and emotional stakes.

When to Consult a Trust Litigation Attorney

You may want to speak with a trust litigation attorney if you believe a fiduciary is mismanaging assets, investing recklessly or putting personal interests ahead of yours. If you suspect a trust was created or changed through coercion, undue influence or fraud, do not wait. Evidence can disappear. Deadlines depend on the applicable law.

Florida law sets time limits for some trust claims. Under § 736.1008, certain beneficiary claims for breach of trust are barred unless brought within the period the statute sets after receipt of a trust disclosure document or limitation notice. Fla. Stat. § 736.1008 provides that, unless sooner barred by adjudication, consent, or limitations, a beneficiary is barred from bringing an action against a trustee for breach of trust with respect to a matter adequately disclosed in a trust disclosure document unless a proceeding to assert the claim is commenced within 6 months after receipt from the trustee or a trust director of the trust disclosure document or a limitation notice that applies to that disclosure document, whichever is received later. An action to contest the validity of all or part of a revocable trust may not be commenced until the trust becomes irrevocable by its terms or by the settlor’s death, but this does not prohibit such an action by the guardian of the property of an incapacitated settlor (§ 736.0207).

If you are a fiduciary facing beneficiary claims, a lawyer can help you protect your interests and clarify your legal obligations under the trust instrument and Florida law. Fiduciaries who want guidance on their duties, their exposure to liability and how to document decisions can also benefit from early consultation. A lawyer can explain the general options that may be available in a matter like this.

What Does a Trust Litigation Attorney Do?

A trust litigation attorney reviews the trust document, the settlor’s stated intent and the applicable Florida law to understand the legal basis of a dispute. For beneficiaries, this may mean investigating whether a fiduciary has breached the fiduciary duty, mismanaged assets or violated the trust’s terms. Florida law states that a personal representative’s fiduciary duty is the same as that of a trustee of an express trust, and that a personal representative is liable to interested persons for damage or loss from a breach of that duty (§ 733.609). For fiduciaries, it may mean building a defense based on proper documentation and on compliance with the obligations the trust instrument sets.

The firm can advise clients on negotiating settlements before litigation becomes necessary. When negotiation fails, the firm can represent clients in court, including discovery (the exchange of documents and testimony), and prepare for trial if needed. The firm can also advise on remedies that may be available under Florida law and the trust instrument, such as recovery of losses caused by fiduciary misconduct, removal of an unfit fiduciary, and damages for breach of fiduciary duty.

Grounds for Challenging a Trust or a Fiduciary in Florida

A breach of fiduciary duty can occur when a fiduciary does not act in the beneficiaries’ interests. Self-dealing, meaning a fiduciary entering transactions that benefit the fiduciary at the trust’s expense, may be a breach of fiduciary duty under the trust instrument and Florida law.

Lack of capacity can mean the settlor did not have the mental capacity to understand the trust when creating or amending it. Undue influence can exist when someone pressured or manipulated the settlor toward particular trust terms. Fraud or forgery can involve a trust document that was falsified or created through deception. A violation of trust terms can occur when a fiduciary does not follow explicit instructions in the instrument. Improper accounting or concealment, such as refusing to provide required disclosures or hiding information, can also support a claim.

A qualified beneficiary may have a right to certain information about the trust under the trust instrument and Florida law. Denying that right may itself support legal action.

Defending a Trust or Your Role as Fiduciary

If you are a fiduciary facing claims, a lawyer can help you understand how to protect your interests and defend your actions. Documenting decisions, communications and distributions can matter to a fiduciary’s defense. The firm advises and represents trustees, personal representatives and beneficiaries in trust and estate matters.

Early legal guidance can help clarify what you should do and what you may do as a fiduciary. Some disputes that could escalate to litigation can be resolved through clear communication, proper accounting and advice on your legal position.

How Much Does Trust Litigation Cost?

Costs vary with the complexity of the dispute, the number of parties and whether the matter is resolved through negotiation or requires a full trial. Cost factors include the length of the litigation, the scope of discovery, whether outside witnesses are needed and the number of court proceedings required.

In actions for breach of fiduciary duty or challenging a personal representative’s powers, Florida law states that the court shall award taxable costs as in chancery actions, including attorney’s fees, and may direct payment from a party’s interest in the estate or from other property of that party (§ 733.609). In probate proceedings, costs may also be awarded as in chancery actions (§ 733.106).

Some disputes are resolved through negotiation or mediation. Your first consultation with Trust Counsel, PL can cover the financial implications of different paths forward. Fees are agreed between the client and the firm and depend on the scope of the work.

Probate Litigation Attorney Kendall and Trust Litigation in Florida

Trust disputes in Miami-Dade County may be filed in court under applicable Florida law and the trust instrument.

Our only office is in Coral Gables.

Frequently Asked Questions

If a fiduciary’s decisions have left you questioning their conduct, denied you access to trust information, or created conflict among beneficiaries, you are not alone. The next step depends on the trust instrument, Florida law and the facts of your situation.