Trust litigation occurs when there is a dispute over the administration or distribution of a trust that leads to court action. These disputes can involve beneficiaries, trustees, or a combination of the two.
If you are involved in a conflict related to a trust, you could benefit from discussing your case with a trustworthy probate attorney. Trust litigation in Kendall can be complex, especially without legal counsel to guide you, but The Florida Probate & Family Law Firm has the knowledge and experience to provide valuable representation in court.
Grounds for Contesting a Trust
Under Florida law, there must be specific grounds to contest a trust. These contests can involve several individuals, including beneficiaries who believe they were not treated fairly or were even cut out of the trust entirely. A Kendall attorney can provide trust litigation services from allegations stemming from any of the following reasons:
Undue Influence
When a trust is created, the person creating the trust must do so willfully. Undue influence involves interfering with a person in a way that prevents them from freely creating or modifying the terms of a trust as they see fit. Often, this involves coercing the trust creator to change the terms in a way that is beneficial to someone else.
A Mistake
There are technical requirements for each type of trust recognized by Florida law. When these documents fail to meet those requirements, they are not enforceable. Litigation can address the failure to meet these requirements at the time the trust was set up.
Lack of Capacity
Some legal challenges to trusts allege a lack of capacity at the time the trust was created. There is a requirement under the law that a person must have a minimum degree of mental ability to understand the nature of their assets, as well as the consequences of placing it into a trust. Anyone that is found to lack that capacity may not create a trust under the law. If these challenges are successful, it could result in the trust being thrown out.
Breach of Fiduciary Duty
Much of the litigation involving trusts relates to the actions of the trustee. The trustee has an obligation to the trust itself, as well as the beneficiaries, to keep careful accounting and avoid any self-dealing. In other words, they cannot distribute the assets of the trust to themselves unfairly. When a trustee allegedly violates these duties, they open themselves up for a legal challenge and could potentially be removed as a trustee.
The Right Time to Bring a Trust to Litigation
When it comes to trust litigation, timing is important and there is a limited amount of time to challenge a trust according to the law. This deadline is known as the statute of limitations. It is important to seek the guidance of a Kendall trust litigation attorney immediately to ensure compliance. The failure to dispute the validity of a trust in the time allowed will prevent you from doing so in the future.
Talk to an Attorney About Trust Litigation in Kendall Today
Trust litigation can be long, drawn-out, and emotionally draining. However, the development of a trust can affect a lot of people and it is important to make sure your rights are protected. If you are involved in an estate dispute, either as a trustee, a beneficiary, or some other party, it is in your best interest to seek the guidance of legal counsel. Reach out to us, The Florida Probate & Family Law Firm, as soon as possible to get answers to your questions regarding trust litigation in Kendall. We offer free consultations.