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Tampa Business Litigation Attorneys / Tampa Trust Litigation Attorney

Tampa Trust Litigation Attorney

Many people use trusts to help their loved ones avoid the lengthy and complex probate process. A trust can be used to distribute your property after you pass away without the need for a will. Drafting a trust, though, does not guarantee that courtroom litigation can always be avoided. There are instances when beneficiaries, trustees, and others with an interest in the estate can contest the validity of a trust, disapprove of the trustee’s actions, or challenge the assets within a trust. When this happens, you need sound legal advice. Our Tampa trust litigation attorney can provide it and help you obtain the best outcome possible.

Grounds for Challenging a Trust

Heirs who are not included in a trust, or who do not receive the amount of property they expected, can file a lawsuit to contest the validity of a trust. When challenging a trust, one must use specific grounds and these are as follows:

  • Undue influence: The grounds of undue influence refer to an allegation that the grantor, or person who created the trust, did so under the duress or coercion of another person.
  • Lack of mental capacity: Anyone who creates a trust must have the proper legal capacity to do so. If a person suffered from a condition such as dementia, others could argue that they did not have the proper mental capacity to create a legal document.
  • Execution error: All trusts must comply with the Florida law. If a trust is not drafted properly, funded appropriately, or there is another execution error, it can provide grounds for challenging the trust.

Disputes Involving the Trustee

Many lawsuits in trust litigation focus on the trustee’s actions or inactions. The most common disputes include:

  • Breach of fiduciary duty: Trustees owe a fiduciary duty to the grantor, or the creator of the trust, and its beneficiaries. Trustees must act in good faith and in the best interests of all parties when administering the trust. Removing the trustee is one possible remedy but if property has already been mismanaged or wasted, this may not be enough.
  • Surcharge actions: When individuals, such as the beneficiaries, have suffered losses due to the trustee’s breach of fiduciary duty, the parties who have suffered harm can file a surcharge action. These actions compensate individuals for the losses they sustained as a result of the breach of fiduciary duty.
  • Improper accounting: Beneficiaries are entitled to receive an accounting of the trust. If they do not, or they receive an accounting of the property but the beneficiaries object to it, the issue could result in trust litigation.

Speak to Our Experienced Trust Litigation Lawyer in Tampa

At BBDG Law, our Tampa trust litigation lawyer has the necessary experience with these lawsuits to help you and your family. We can advise on whether you have grounds to challenge a trust, or help you defend against harmful lawsuits. Call us today at (813) 221-3759 or fill out our online form to request a consultation with our experienced attorney and to get the legal advice you need.