Forgione Law, P.A.

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Effective Solutions For Estate And Trust Disputes

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.

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.