Guiding You Through Trust Disputes In Florida
Trusts, intended to serve as secure vessels for wealth distribution and management, can sometimes become battlegrounds for disputes. Their intricate layers of rules, combined with the inherent power dynamic between trustees and beneficiaries, create fertile ground for disagreements.
Forgione Law, P.A., is committed to providing comprehensive legal assistance at every stage of your journey. Attorney Brandon Forgione takes a personalized approach to cases in Martin County and throughout southeastern Florida. Attorney Forgione can ensure your interests are safeguarded, no matter what the cause of your trust dispute.
How Is Breach Of Trust Defined Under Florida Law?
Florida Statute §738.102 provides the legal framework for defining “breach of trust.” While specific circumstances can vary greatly, the core principle is the misuse or mismanagement of trust assets for personal gain or purposes outside the scope of a trustee’s fiduciary duties. This includes:
- Direct misappropriation: Use of trust funds for personal expenses
- Imprudent investing: Risky investments deviating from the trust’s guidelines
- Self-dealing: Transactions favoring the trustee’s interests, not the beneficiaries’ interests
- Failing to follow the trust’s terms: Ignoring the settlor’s wishes
- Neglecting reporting: Failure to provide timely financial information as necessary
Brandon Forgione can carefully assess the specific actions of a trustee to determine if a breach has occurred and, if so, the appropriate course of action to take.
Can A Trustee Be Removed For Breaching A Trust?
If a trustee is found to have breached their duties, a Florida court can take various actions depending on the circumstances. The court may:
- Remove the trustee and appoint a new one
- Order restitution to the trust or void transactions
- Impose penalties on the former trustee
Brandon Forgione understands that removing a trustee involves legal proceedings and typically requires substantial evidence of wrongdoing. He can evaluate your situation, advocate for your rights and ensure the trust is managed according to its terms.
Frequently Asked Questions About Trust Disputes
Trust disputes often raise a lot of questions. Attorney Brandon Forgione can help answer any questions about trust disputes, including the following:
How do I know if I have a valid claim in a trust dispute, and what are the key factors to consider?
You may have a valid claim in a trust dispute if you have evidence that a trust is being improperly handled. Key factors to support a claim can include:
- Missing trust funds
- Last-minute changes to a trust
- Lack of documentation of trust funds or terms
If you suspect there are issues with a trust, you may have reason to file a claim. Talking to an attorney can help you determine if you need to dispute a trust.
How do I contest a trust as a beneficiary?
Contesting a trust as a beneficiary begins by determining whether there is reason to question the management of a trust. For example, you may have evidence that a trustee breached their fiduciary duty. A breach of fiduciary duty can happen as a result of the trustee doing the following:
- Self-administering funds
- Failing to carry out the terms of the trust
- Acting against the best interests of the trust and beneficiaries
There may also be evidence that a trust was forged, improperly drafted or created under coercion or manipulation. Attorney Forgione can review evidence when determining the grounds of a trust dispute.
How do I defend against a trust dispute as a trustee?
As a trustee, you may be called upon to defend a trust from disputes. A few ways to defend against trust disputes involve keeping accurate records of trust funds and documenting any interaction with beneficiaries. Documenting all actions and decisions related to a trust can show how you acted in the best interests of a trust and its beneficiaries. Legal representation can help you take steps to protect a trust.
What is the process for litigating a trust dispute?
A trust dispute typically begins by filing a petition that claims there are issues with a trustee or trust. The trust and the actions of the trustee may be examined during a discovery phase. Depending on the factors of the trust dispute, a settlement may be negotiated or a claim will go to court where a settlement may be reached after a trial. An attorney can help begin the trust dispute process.
Get Legal Support At Every Step Of The Process
For seasoned Florida estate litigation counsel, call Brandon at 561-730-3926 or reach out via email for a free consultation about your trust dispute.