Tampa Trust Litigation Attorney

A Florida trust involves a number of parties. There is the settlor, the person who creates and funds the trust. There is the trustee, the person charged with managing the trust. And then there are the beneficiaries, the people who are entitled to receive income or assets from the trust.

Ideally, all of these parties are on the same page when it comes to carrying out the purpose of the trust. Unfortunately, there are many situations that fail to live up the idea. Disputes over the validity and enforcement of trusts often lead to lawsuits. A qualified Tampa trust litigation attorney can represent you in such cases. Knudsen Law is a full-service Florida estate and probate firm that advises clients on a wide range of trust disputes and their resolution.

Why Does Trust Litigation Occur in Florida?

Most Florida trust litigation tends to arise from a dispute between a beneficiary of the trust and the trustee. Keep in mind, the trustee has a fiduciary duty to administer all trust property for the benefit of the beneficiaries. A trustee who fails to uphold this duty can be removed from their position–and in some cases even forced to reimburse the trust from their personal assets.

Here are some common examples of trust litigation disputes that we advise clients on:

• The beneficiary alleges the trustee has neglected their duties or mismanaged the trust assets.
• The beneficiary alleges the trustee has engaged in self-dealing or demanded excessive compensation for their services.
• The beneficiary alleges the trustee has taken trust assets for their personal use.
• The beneficiary alleges the trustee has failed to file proper written accountings of the trust’s activities.
• The beneficiary alleges the trustee has not made required distributions as required by the trust documents.
• The beneficiary alleges the trustee has engaged in illegal or criminal activities with respect to administration of the trust.

Additionally, trust litigation may also involve challenges to the validity or interpretation of the trust itself. Some examples of this include:

• The trust was allegedly the product of a beneficiary exercising “undue influence” over the settlor.
• The settlor did not have the requisite mental state to execute a valid trust under Florida law.
• The trust instrument was not properly executed, or contains vague or ambiguous language.
• The settlor’s assets were never properly transferred to the trust in the first place.

Our Tampa Trust Litigation Lawyers Can Help

Trust litigation is not just complex. It also typically involves emotionally charged disagreements among family members. It is therefore of particular importance to work with an experienced Tampa trust litigation attorney who can offer impartial, professional advice on the situation. In many cases, trust disputes can be resolved through mediation between the parties. But if courtroom litigation is necessary, you will definitely need the services of a qualified attorney.

So if you are involved in a legal dispute or related matter involving a Florida trust, contact Knudsen Law today at (727) 398-3600 to schedule a consultation.