The Florida Probate Lawyer
Representing Probate Personal Representatives, Trustees, and Beneficiaries Throughout Florida
Main Office:
10161 Centurion Parkway, Ste 310
Jacksonville, Florida 32256
Telephone:  (904) 448-1969
Fax:  (904) 448-5244
Toll Free:  (866) 510-9099
Email: 
info@thefloridaprobatelawyer.com Our 30+ Years of Experience Can Help You Achieve Peace of Mind
Florida Trust Litigation Attorneys and Lawyers

Trust Litigation

Some people utilize trusts to provide for the distribution of their estate assets at death, or during life, rather than a last will and testament. The primary difference in using a trust to provide for the disposition of estate assets, and using a will for that purpose, is that the administration of the will through probate is supervised by a Florida probate court. The trustee named in the trust document typically handles the administration of the trust estate after the death of the trustmaker.

If you need the assistance of an experienced Florida trust litigation attorney, please call us toll free at 1-866-510-9099.

Other than avoiding the probate process, the same principals of law apply to trustees in the administration of trusts in Florida as are applicable to personal representatives in the Florida probate of wills. A revocable trust that is used to provide for the distribution of estate assets after death must be signed with the same formalities as a last will and testament. The trustmaker (formally called the “grantor” or “settlor”) of the trust is subject to the same requirements for legal capacity, competence, and being free of undue influence, as a person making a last will and testament. The language of a trust document, just as with a last will and testament, may be subject to varying interpretations. The trust document is also subject to Florida’s elective share statutes. The trustee of a trust, under Florida trust law, owes the trust beneficiaries the same fiduciary duty that a personal representative owes to the heirs and beneficiaries of a Florida probate estate.  The failure to properly exercise that fiduciary duty can result in trust litigation or estate litigation.

The trust litigation lawyer and estate litigation attorney with The Florida Probate Lawyer, PLLC, are experienced in the representation of trustees, beneficiaries, or others, who may challenge a trust or the actions of a trustee for any of the following reasons:

    1. Improper trust formation or failure to sign the trust with proper witnesses, notary, or other formal requirements as required by Florida trust law;

    2. Lack of capacity of the trustmaker;

    3. Undue influence over the trustmaker;

    4. Distribution of trust assets in violation of the Florida Trust Code, including the spousal elective share;

    5. Judicial interpretation or construction of unclear, confusing, or ambiguous language in the trust document;

    6. Trust reformation or modification;

    7. Breach of fiduciary duty by the trustee for:

        a. Failure to make proper or timely distributions;

        b. Failure to make proper or timely accountings as required by the Florida Trust Code;

        c. Failure to administer the trust in the manner required by the trust document;

        d. Failure to follow the prudent investor rule or making improper investments;

        e. Self dealing or conflicts of interest;

        f. Excessive trustee compensation;

If you need the assistance of an experienced Florida trust attorney to help you with your claim against a trustee for breach of fiduciary duty, please call us toll free at 1-866-510-9099.

A beneficiary, or prospective beneficiary, in Florida, may also file a lawsuit against one who interferes with that beneficiary’s expected lifetime gift or distribution at death. The prospective beneficiary must show that the deceased person had a specific intent to make the gift or distribution, and that the deceased person would have made the gift or distribution but for the actions of the other individual. The trust litigation lawyers and estate litigation attorneys at The Florida Probate Lawyer,PLLC have experience representing plaintiffs in claims for the intentional interference of a prospective inheritance, as well as the representation of trustees in defending such lawsuits.

Florida Statutes provide that someone who successfully contests a trust, or the actions of a trustee, through trust litigation or estate litigation, generally can recover attorney’s fees and costs of litigation from the trust estate.

The trust litigation lawyer and estate litigation attorney at The Florida Probate Lawyer, PLLC, represents those challenging a trust or its terms, or defend trustees of trusts, on an hourly fee basis. In some circumstances, we may agree to represent someone contesting a trust, or the actions of a trustee, on a contingent fee basis.

If you feel you have a legitimate complaint about the actions of a Florida trustee, or the terms of a Florida trust, or whether the trust is valid under Florida law; or if you are a spouse who was not treated fairly by the terms of a trust, or if you are a trustee accused of improper conduct in the exercise of your trustee duties and responsibilities, please contact us so that our trust litigation lawyers and estate litigation attorneys can assist you in protecting your rights and actions, please call us toll free at 866-510-9099.

This material represents general legal information about trust litigation under Florida law. Since the Florida probate law and Florida trust law is continually changing, some provisions may be out of date. It is always best to consult an experienced Florida trust litigation lawyer or estate litigation attorney about your legal rights and responsibilities regarding your particular case.

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If you would like to ask a question regarding probate in Florida, please complete the following information and submit it to us.  We'll respond as soon as possible.  Provide as much detail as you can.  

If you need immediate assistance with a Florida probate matter, trust administration or guardianship in Florida, please call us toll free at 866-510-9099.

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Florida Counties and cities in which our probate and trust litigation lawyers and attorneys offer our probate and trust litigation services:

Alachua County trust litigation attorneys 

Gainesville probate lawyer, Alachua, Hawthorne, High Springs, Waldo, Newberry, Micanopy

Bay  

Panama City probate lawyer, Panama City Beach, Lynn Haven, Youngstown

Baker  

Macclenny, Glen Saint Mary

Bradford  

Starke, Brooker, Hampton

Brevard  

Cocoa, Cocoa Beach, Merritt Island, Titusville, Melbourne probate lawyer, Palm Bay, Cape Canaveral, Satellite Beach, Rockledge, Barefoot Bay, Indialantic, Malabar

Broward trust litigation lawyers  

Ft. Lauderdale probate lawyer, Davie, Sunrise, Weston, Coral Springs, Pompano Beach, Hollywood probate lawyer, Hallendale, Plantation, Dania Beach, Coconut Creek, Deerfield Beach, Lauderhill, Lighthouse Point, Margate, Miramar, Oakland Park, Pembroke Pines, Tamarac, Wilton Manors, Hillsboro Beach, Pembroke Park, Cooper City, Port Everglades, Sea Ranch Lakes, Southwest Ranches

Calhoun  

Blountstown

Charlotte  

Punta Gorda, Charlotte, Port Charlotte, Palm Island

Citrus  

Crystal River, Homosassa Springs, Inverness

Clay County estate litigation attorneys

Orange Park probate lawyer, Middleburg, Green Cove Springs, Keystone Heights, Penny Farms

Collier  

Naples probate lawyer, Marco Island, Everglades City, Golden Gate, Immokalee, Palm River Estates, Ochopee

Columbia County estate litigation lawyers

Lake City probate lawyer, Fort White

DeSoto  

Arcadia, Brownville, Fort Ogden, Hull, Pine Level, Platt

Dixie  

Cross City, Horseshoe Beach, Old Town

Duval County

Jacksonville, Jacksonville Beach, Atlantic Beach, Neptune Beach

Escambia  

Pensacola probate lawyer

Flagler County trust litigation lawyers 

Palm Coast probate lawyer, Flagler Beach, Bunnell, Beverly Beach, Marineland

Franklin  

Apalachicola

Gadsden  

Quincy, Chattahoochee

Gilchrest  

Trenton

Glades  

Moorehaven

Gulf  

Port St. Joe, Wewahitchka

Hamilton  

Jasper, White Springs

Hardee  

Wauchula

Hendry  

Clewiston, LaBelle

Hernando  

Brooksville, Weeki Wachi

Highlands  

Avon Park, Sebring, Lake Placid, Leisure Lakes

Hillsborough estate litigation attorneys  

Tampa probate lawyer, Plant City, Temple Terrace, Apollo Beach, Brandon, Lutz, Ruskin, Sun City Center, Riverview, Dover, Thonotosassa, Ybor City

Holmes  

Bonifay

Indian River  

Vero Beach probate lawyer, Indian River Shores, Fellsmere, Sebastian

Jackson  

Marianna

Jefferson  

Monticello

Lafayette  

Mayo

Lake  

Altoona, Clermont, Eustis, Fruitland Park, Lady lake, Leesburg, Minneola, Mount Dora, Tavares, Umatilla

Lee trust litigation attorneys  

Fort Myers probate lawyer, Bonita Springs, Cape Coral, Fort Myers Beach, Sanibel, Boca Grande, Estero, San Carlos Park, Lehigh Acres, Waterway Estates

Leon  

Tallahassee probate lawyer

Levy  

Bronson, Cedar Key, Chiefland, Williston, Yankeetown

Liberty  

Bristol

Madison  

Madison

Manatee estate litigation attorneys   

Bradenton probate lawyer, Anna Maria Island, Holmes Beach, Longboat Key, Palmetto, Myakka City

Marion trust litigation lawyers  

Ocala probate lawyer, Leesburg, Belleview, Citra, Dunnellon, Salt Springs, Weirsdale

Martin  

Stuart probate lawyer, Sewall’s Point, Hobe Sound, Jensen Beach, Jupiter Island, Ocean Breeze Park, Palm City

Miami-Dade estate litigation lawyers   

Miami probate lawyer, Coral Gables probate lawyer, Coconut Grove, South Miami, Kendall, Homestead, North Miami, North Miami Beach, Miami Beach, Hialeah, Miami Shores, Miami Lakes, Aventura, Bal Harbour, Bay Harbor Islands, Hialeah Gardens, Key Biscayne, Pinecrest, Surfside, Cutler Bay, Doral, Golden Beach, Indian Village, Islandia, Medley, Miami Gardens, North Bay Village, Sunny Isles Beach, Sweetwater, Virginia Gardens, Florida City, Goulds, Biscayne Park

Monroe  

Key West, Islamorada, Key Largo, Marathon, Big Pine Key, Key Colony Beach, Sugarloaf Key, Tavernier

Nassau County estate litigation attorneys 

Fernandina Beach probate lawyer, Amelia Island, Hilliard, Yulee, Callahan

Okaloosa  

Fort Walton Beach probate lawyer, Niceville, Cinco Bayou, Destin, Shalimar Valparaiso

Okeechobee  

Okeechobee

Orange trust litigation lawyers  

Orlando probate lawyer, Lake Buena Vista, Apopka, Edgewood, Maitland, Ocoee, Windemere, Winter Garden, Winter Park, Zellwood

Osceola  

Kissimmee, St. Cloud, Celebration

Palm Beach trust litigation attorneys   

Palm Beach probate lawyer, West Palm Beach, North Palm Beach, Lake Worth, Boca Raton probate lawyer, Delray Beach, Boynton Beach, Greenacres, Highland Beach, Hypoluxo, Juno Beach, Jupiter, Lake Park, Lantana, Ocean Ridge, Palm Beach Gardens, Royal Palm Beach, Wellington, Pahokee, Tequesta, Riviera Beach, Loxahatchee, Manalapan, Ocean Ridge, Glen Ridge

Pasco  

New Port Richey, Bayonet Point, Gulf Harbors, Dade City, Holiday, Hudson, Land O’Lakes, Odessa, St. Leo, Zephyrhills

Pinellas estate litigation lawyers  

St. Petersburg probate lawyer, Clearwater probate lawyer, Dunedin, Gulfport, Largo, Oldsmar, Pinellas Park, Safety Harbor, Tarpon Springs, Treasure Island, Belleair, Madeira Beach, North Redington Beach, Seminole, Indian Rocks Beach                              

Polk estate litigation attorneys  

Lakeland probate lawyer, Auburndale. Bartow, Eagle Lake, Fort Meade, Haines City, Lake Alfred, Lake Wales, Winter Haven, Frostproof, Polk City, Highland Park, Indian Lake Estates

Putnam County trust litigation lawyers 

Palatka, Interlachen

Santa Rosa  

Gulf Breeze, Milton

Sarasota trust litigation attorneys   

Sarasota probate lawyer, Longboat Key, North Port, Venice

Seminole  

Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford, Winter Springs

St. Johns County trust litigation lawyers

St. Augustine probate lawyer, St. Augustine Beach, Ponte Vedra Beach probate lawyer, Nocatee, Crescent City, Melrose, Pomona Park, Welaka

St. Lucie

Fort Pierce probate lawyer, Port St. Lucie

Sumter  

Wildwood, Bushnell, The Villages

Suwannee  

Live Oak

Taylor  

Perry, Steinhatchee

Union  

Lake Butler

Volusia trust litigation attorneys  

Daytona Beach probate lawyer, Ormond Beach, New Smyrna Beach, Deland, Deltona, Edgewater, Holly Hill, Ponce Inlet, Port Orange

Wakulla  

 

Walton  

DeFuniak Springs, Seaside

Washington  

Chipley

 

 

If you would like to ask a question regarding probate in Florida, please complete the contact form below and submit it to us.  We'll respond as soon as possible.  Provide as much detail as you can.  

If you need immediate assistance with a Florida probate matter, please call us toll free at 866-510-9099.
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