If your loved one has passed away and left their estate in disrepair, you need a knowledgeable and experienced attorney to guide you through the probate process. The Berman Law Group has built a reputation as fearless and indefatigable defenders of their client’s rights. With decades of experience, we have the knowledge and skill to help you fight to claim what is rightfully yours and ensure your relative’s wishes are respected and fulfilled.
While Florida law encourages a speedy settling of estates and trusts after death, sometimes disputes may arise over the nature of a trust, the validity of the trust, or the execution of the trust’s fiduciary duties. Trust disputes generally fall into one of the following categories:
- Undue Influence – a claim of undue influence challenges whether or not the individual establishing the Trust did so of their own free will and without coercion by a person who was in a position of confidence and control.
- Mistakes in Execution – an express, or written, trust must be executed in conformance with Florida legal Statute 737.111. Florida law may not recognize a trust If this statute is not followed.
- Lack of Capacity – a claim of lack of capacity may be argued based on the belief that when the Trust was executed the individual making the Trust did not have the required mental ability to understand the nature of their actions fully.
Lack of capacity may be due to the natural aging process or the result of an individual being under the effects of large doses of medication. For this reason, lack of capacity litigation relies on official medical records, as well as the irrational behavior of the Trust’s testator.
Beneficiaries may dispute a trust if they believe the trustee has breached their fiduciary duty. A trustee of an estate has a responsibility to administer the trust in the best interest of its beneficiaries. A trustee has a duty of loyalty to the beneficiaries, as well as a function of care to administer the trust in accordance with the wishes of the trust and per state law.
Some of the most common causes of breach of duty include:
- Failing to make proper distributions of assets.
- Failure to make a timely accounting of the trust.
- Failure to administer the trust according to the instructions of the trust document.
- Failing to properly invest trust assets.
- The trustee uses trust assets for their own advantage.
Contact an Experienced Trust Litigation Attorney Today
If you have been named as the personal representative of a deceased individual in the State of Florida, you should seek legal counsel immediately. Trust litigation can be a stressful time for all involved, as there are personal feelings and often significant sums of money and assets involved.If you find yourself in this situation, make sure you get a trusted and experienced probate attorney who is willing to fight for your rights. Call The Berman Law Group right now at (800) 375-5555 for your free consultation.