Miami Trust Litigation Attorney

Providing Legal Representation in the Event of a Trust Dispute

Trusts and other estate planning tools are utilized to make our lives easier and our standards of living more comfortable. Oftentimes, so long as a trust is formed properly, there should be no reason to dispute the estate plan document. However, sometimes it becomes necessary to either question the creation of the trust or the administration of the trust in the time since it was created. In such cases, it may be necessary to litigate the issue in and out of court.

Nobody wants a civil litigation case. However, sometimes they cannot be avoided. Whether you are looking to contest a trust or you want to defend the trust as it is written, it is highly recommended that you seek professional legal representation from lawyers experienced in estate law.

Our law firm has years of experience representing clients in complicated estate law matters across the state of Florida. While we may prefer to help families begin estate planning and manage their estate plans, we acknowledge that sometimes, our legal experience is well-served representing trust litigation cases, too.

Led by attorney Pedro Armando Perez-Roura, our law firm prides itself on providing compassionate and communicative legal services to clients in need. Additionally, we offer free, no-obligation case evaluations. So, if you would like to learn more about estate litigation and trust litigation, please contact our Miami law office to schedule your free initial consultation today.

What Are Valid Grounds for Contesting a Trust in Florida?

Trust litigation can result from several different types of alleged wrongdoing and issues detected either in the creation of the trust or in the subsequent administration.

Commonly accepted grounds for contesting a trust in Miami include:

Breach of fiduciary duty.
Excessive trustee compensation for their duties.
Failure to follow the language of the trust.
Failure to make proper or timely communication, distributions, and accountings.
Improper accounting.
Improper trust reformation or modification.
Lack of formalities.
Lack of mental capacity.
Mistake in execution.
Surcharge action.
Testamentary expectancy.
The removal of a trustee from the estate.
The trust does not meet Florida trust code requirements.
The trust needs to be revoked or modified.
Tortious interference.
Trustees acting in their own self-interest.
Unclear or confusing language in the trust.
Undue influence.

What if the Trustee Does Not Act in the Interests of the Beneficiaries?

A trustee has several important duties in their role as a fiduciary.

Among these responsibilities include the duty to administer the trust, a duty of loyalty to the trust and its beneficiaries, a duty of impartiality when it comes to administering the trust, the duty to control administration expenses, a duty of prudent administration, the duty to control and protect trust assets, and the duty to inform beneficiaries and perform proper accounting. Failure to uphold these duties can be considered a breach of fiduciary duty. If the trustee breached their duties to the trust, they could face consequences, including the removal from their role.

A beneficiary or heir has broad potential remedies for breaches in fiduciary duties. In order to pursue legal action, it is highly recommended that a beneficiary discusses their estate litigation case with an experienced estate law attorney.

What Are Potential Remedies for Wrongdoing in the Creation or Management of a Trust?

Depending upon the circumstances, there are several potential remedies for a trust litigation case. If a trust violation or trust breach has occurred, it is highly recommended that you seek legal action to address the issue. After the issue has been dealt with, your case will come to a close.

Potential outcomes and remedies for trust litigation include:

Appoint a special fiduciary to administer the trust.
Compel the trustee to perform their necessary duties.
Demand and receive payment as intended.
Demand that a trustee makes distributions that have been thus far improperly withheld.
Modify the trust.
Order an accounting.
Removal of the trustee.
Terminate the trust or revoke it.

If the trustee is held accountable for a serious breach of fiduciary duty, they can be removed, and a successor trustee will take their place. Depending upon the language of the trust, the successor trustee may or may not be appointed by the courts.

Who Does Our Law Firm Represent in a Trust Contest?

At Perez-Roura Law, we represent clients from all perspectives in estate litigation cases.

Beneficiaries named within a trust, as well as any other ‘interested party’ of the trust, have the potential to challenge the trust or its administration, provided they have valid grounds to do so. Our law firm can represent your interests as a plaintiff if you wish to contest a trust.

If a dispute arises suggesting that the will was mistakenly created or drafted under undue influence, the trust creator (sometimes referred to as the grantor or settlor) can seek legal representation in defense against the claims made against the trust by a beneficiary, heir, or other family member.

Trustees also have the right to seek legal representatives to defend their interests in a trust dispute case. We have years of experience representing all sides, including the side of the trustee, and complex trust litigation matters.

Contact Us for a Free Consultation with an Experienced Estate Litigation Attorney

Our law firm has years of experience representing legal cases involving estate disputes and litigation. If you have a trust dispute, there is still the potential to settle matters before they result in a costly courtroom trial.

For legal assistance in your trust litigation legal issues, please contact our law firm to schedule your free consultation with an experienced estate litigator today. You may contact us at 305-570-3259. We look forward to speaking with you.