What Are Frequent Causes of Trust Litigation in Florida?
Trust, Probate and Estate Litigation Attorneys in Palm Beach and Martin Counties, FL
There are many different types of trusts which can be included in an individual’s comprehensive and highly personalized estate plan.
Depending upon the wishes, needs and circumstances of the individual and their family, one or more trusts can be created to manage and protect assets now and in the future.
Reasons for trust litigation in Florida can vary widely, as individual trust types have different purposes and can affect different parties. A trustee is often called upon to balance fiduciary duties between competing interests. Among the most common reasons for trust disputes that can lead to trust litigation:
- Breach of Fiduciary Duty, which can include the trustee’s failure to act according to the directives of the trust, taking too much compensation or failing to make timely or full disbursement of trust assets to designated beneficiaries
- Florida trusts may have multiple beneficiaries who are also co-trustees, which can lead to legal disputes over the trust’s assets and how to manage and disburse them
- Questions surrounding the validity of the trust itself can arise, such as allegations of fraud, undue influence or lack of capacity on the part of the trust’s creator or others who influenced the creator of the trust, can cause conflict and litigation among interested parties
At Kitroser Lewis & Mighdoll, we offer decades of skilled attorney experience in all aspects of Trust creation, including helping our clients decide which trust(s) are most suitable for their needs, as well as mediating, negotiating and litigating trust, probate and other estate-related disputes. We look forward to working with you soon.
North Palm Beach and Jensen Beach, FL Offices
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