Trusts are a commonly-used tool in the estate planning process and they have only grown more popular over the years. These legal devices allow for the flexible transfer of property without the need of dealing with probate court, among other benefits. However, setting up and managing a trust is not always smooth sailing.

When you are facing a dispute involving a trust, you can benefit from the guidance of a seasoned probate attorney. In some cases, litigation is the only way to ensure a trust is administered fairly. Let a Coral Way trust litigation lawyer represent you if you face one of these disputes.

Trustees and Their Duties

Much of the litigation surrounding trusts relates to the trustee and their obligations. All trusts are required to have a trustee, which can be individuals or even organizations. No matter who the trustee is, they have an obligation to act in a way that serves the best interests of the trust and its beneficiaries.

Trustees are required by law to protect the interests of the trust and to avoid any self-dealing. What’s more, there is a requirement that trustees act in good faith when it comes to fulfilling the stated goals of a trust.

Not every trustee meets the high standard they are held to. Some are simply careless, while others actively work against the goals of the trust to enrich themselves. A Coral Way trust litigation attorney can pursue legal action that holds these trustees accountable.

Is There a Time Limit on Trust Litigation?

There is a time limit that applies to trust litigation just like most other types of legal action. The deadline—commonly referred to as the statute of limitations—can prevent a person from successfully pursuing trust litigation if they wait too long to do so.

In most cases, the statute of limitations in trust litigation is four years from the date the violation occurs. However, there are circumstances that can dramatically shorten that window of time. The best way to ensure litigation is filed on time is by working with a Coral Way trust litigation attorney.

Legal Jeopardy for Trustees in Coral Way

There are consequences for trustees who fail to uphold their duties. In cases of mistake or mismanagement, a beneficiary of the trust might petition the court to have the trustee removed from their position. The court would then replace the trustee with someone else qualified to fulfill the duties.

The consequences are different in cases where it is clear the trustee has done real harm. Whether or not these actions were intentional, the trustee could be personally liable for the damages suffered by the trust. Beneficiaries of the trust could pursue a lawsuit that requires the trustee to make the trust whole again. This means providing compensation that returns the trust to the position it would be in had the damage not occurred.

Speak with a Coral Way Trust Litigation Attorney Today

If you believe a trustee has failed to uphold their duties involving a trust you are a beneficiary of, or you are a trustee whose actions are being disputed, The Florida Probate & Family Law Firm is here to help. Litigation could clear up a dispute and allow the process to continue. Before you consider pursuing legal action on your own, it is in your best interest to discuss your case with a Coral Way trust litigation lawyer. Contact us for a free consultation.