Category Archives: Trust Litigation
When Trustees Have the Right To Sue: A Florida Appeals Court Clarifies Standing in Trust Property Disputes
Legal disputes over property held by a trust can get tricky, especially when it comes to determining who has the right to file a lawsuit. A recent ruling from Florida’s Fourth District Court of Appeal sheds light on a key legal point: trustees can still have the right to sue, even if the property… Read More »
Can Trustees File Lawsuits Individually? A Florida Court Weighs In
Legal battles over trusts and bank accounts often get complicated fast, especially when it comes to who’s allowed to file a lawsuit. A recent federal case, Caldwell v. Regions Bank, N.A., shows how strict courts can be when it comes to who can sue and the procedure to be followed. At Bleakley Bavol Denman… Read More »
The Most Common Mistakes Trustees Make in Florida
Serving as a trustee in Florida is a significant responsibility. While you might feel honored to be selected for this role, you should know that this is a legal obligation that you need to approach with care and diligence. As a trustee, you will be held to high standards under the trust’s terms and… Read More »
Can a Florida Probate Court “Correct” a Mistake in a Trust?
Florida residents commonly create trusts as part of their estate plan in order to distribute their assets upon death without the need for a lengthy probate process. Unfortunately, trusts are not always successful in avoiding disputes among family members, especially when there may be problems with how the trust was created or funded. If… Read More »
How to Remove a Problem Trustee in Florida: A Step-by-Step Guide
A trustee has a serious legal duty: to manage a trust’s assets for the benefit of its beneficiaries, according to the terms of the trust and in compliance with Florida law. But what happens when the trustee isn’t doing their job—or worse, is acting in bad faith? Whether due to negligence, mismanagement, or outright… Read More »
Trust Beneficiary Rights in Florida: What To Do If You Suspect Mismanagement
Trusts are valuable tools for estate planning, offering a way to manage and distribute assets while providing beneficiaries with financial security. However, the success of a trust depends on the actions of the trustee, who is legally obligated to manage the trust in the beneficiaries’ best interests. When mismanagement occurs, it can jeopardize the… Read More »