{"id":5823,"date":"2026-10-28T02:32:42","date_gmt":"2026-10-28T02:32:42","guid":{"rendered":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/freeze-trust-assets-during-dispute-florida\/"},"modified":"2026-10-28T03:43:18","modified_gmt":"2026-10-28T03:43:18","slug":"freeze-trust-assets-during-dispute-florida","status":"publish","type":"page","link":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/freeze-trust-assets-during-dispute-florida\/","title":{"rendered":"Freeze Trust Assets During a Dispute in Florida"},"content":{"rendered":"\n
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Trust and Estate Litigation | Coral Gables, Florida<\/p>

Freeze Trust Assets During a Dispute in Florida<\/h1>

Trust Counsel, PL focuses on trust litigation and probate litigation. Leslie V.<\/p>

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By Leslie V.<\/p>\n\n

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Yes, a Florida court can limit what a trustee does with trust property while a dispute is pending. The two tools people ask about most are a temporary injunction, which is a court order that bars specific actions, and a lis pendens, which is a recorded notice that a lawsuit involves a particular piece of real estate. Neither one decides who is right. Both aim to keep things in place until a judge can hear the case. Here is how each works, what each cannot do, and what to expect if you need to freeze trust assets during a Florida dispute.<\/p>\n

What Does It Mean to Freeze Trust Assets in a Florida Dispute?<\/h2>\n

A freeze is a court order or recorded notice that limits what a trustee can do with trust property while a claim is pending. Usually a beneficiary, heir or cotrustee asks for one because they fear a sale, a transfer or an unequal distribution.<\/p>\n

A settlor, a cotrustee or a beneficiary can ask the court to remove a trustee. Removal and a freeze often come up together.<\/p>\n

Freezes are usually sought inside a trust case, not as a stand-alone remedy. Fla. Stat. \u00a7 736.0201<\/a> says that, except as provided in subsections (5), (6), and (7) and s. 736.0206, trust proceedings begin with a filed complaint and follow the Florida Rules of Civil Procedure. A freeze preserves the status quo. It does not decide whether the trustee breached a duty.<\/p>\n

Trustees already must protect the property. Fla. Stat. \u00a7 736.0809<\/a> requires a trustee to take reasonable steps to take control of and protect trust property. If a trust is trying to sell or move assets, check whether a contest after distribution<\/a> is also an option.<\/p>\n\n

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If a trustee is moving trust property while your family's dispute is still open, you do not have to sort out the options alone. Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.<\/p>

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Temporary Injunctions: Stopping a Trustee From Moving Property<\/h2>\n

A temporary injunction is a court order that bars specific conduct until the court changes it or the case ends. Common targets include selling real estate, withdrawing large sums and making distributions to some beneficiaries but not others.<\/p>\n

Does the person asking have a real claim? Would waiting cause harm that money later cannot fix? A judge wants specifics. A general fear that money might be spent is weaker than a documented plan to list a house or move accounts.<\/p>\n

Fla. Stat. \u00a7 736.08165<\/a> provides that, while a proceeding filed to determine the validity of all or part of a trust, or the beneficiaries of all or part of a trust, is pending, the trustee proceeds with administration as if no proceeding had been commenced, except that no action may be taken and no distribution made to a beneficiary in contravention of the rights of persons who may be affected by the outcome, unless, on a party’s motion and after notice to interested persons, the court finds good cause and authorizes the trustee to act or distribute, subject to any conditions the court sets, such as the beneficiary posting a bond. The trustee cannot act or distribute in a way that goes against the rights of people who may be affected by the outcome.<\/p>\n

The same statute lets a court make an exception on good cause shown, after notice. The court can allow the trustee to act or distribute, with conditions. Those conditions can include bond.<\/p>\n

Courts often tailor orders. Examples include limiting withdrawals to ordinary expenses or requiring notice before any sale or refinancing. Expenses still must be reasonable. Fla. Stat. \u00a7 736.0805<\/a> limits a trustee to expenses that fit the trust property, the trust’s purposes and the trustee’s skills.<\/p>\n

A common mistake is waiting until a sale is already scheduled. Documenting the threat early helps the judge see why an order is needed.<\/p>\n

Lis Pendens: Putting Buyers on Notice of a Real Estate Claim<\/h2>\n

A lis pendens is a recorded notice that a lawsuit affects title to a specific piece of real estate. It tells buyers, lenders and title companies that the property is involved in a dispute.<\/p>\n

The effect is practical. For a trust trying to sell a house, that can stop the sale.<\/p>\n

The other side can challenge the notice. That argument turns on the claim and the record.<\/p>\n

Other Protective Steps That Often Go With a Freeze<\/h2>\n

Freeze requests often come with requests for information. You can ask for these in a written demand before filing, or ask the court for them after the case starts.<\/p>\n