When assets are at stake, you can rely on probate litigation attorney Daniel A.Seigel and the team at the Law Offices of Daniel A. Seigel, P.A. to fight for your interests and uphold the legacy of your loved one through trust litigation.
Trust Litigation Attorney in Boca Raton, Florida
As experienced estate litigation lawyers, we understand that legal disputes concerning a trust’s terms can happen when trust beneficiaries question its validity concerning the decedent’s assets. Beneficiaries and family members may contend that the trust does not represent the intentions of the person who created it due to various factors, including lack of mental capacity or undue influence when establishing the trust. These complicated situations often require trust litigation.
When mourning the loss of a loved one, these trust disputes add unnecessary stress for beneficiaries and family members who want to uphold their loved one’s legacy and intentions.
The knowledgeable litigation lawyers at the Law Offices of Daniel A. Seigel, P.A. recognize the emotional toll of trust and estate litigation on every surviving family member. Since founding the Law Offices of Daniel A. Seigel, P.A., in 2012, Attorney Seigel has centered his practice on estate litigation, including trust litigation, providing comprehensive legal services tailored to meet the needs of each client. He and his team take pride in serving not only as legal advisors to clients, but also as counselors navigating the emotional elements of each case.
When assets are at stake, let us be your trusted partner for trust litigation in Boca Raton, Florida. We understand you need a dedicated and experienced legal team to protect your rights and interests. Contact us at (561) 393-6005(561) 393-6005 to schedule a consultation.
Key Takeaways About Trust Litigation in Boca Raton, Florida
- Fiduciary Duty Under Florida Statutes: Trust litigation in Boca Raton often involves issues related to fiduciary duties as outlined in Florida Statutes Chapter 736, also known as the Florida Trust Code. A trustee is bound by law to administer the trust solely in the interest of the beneficiaries.
- Understanding Trust Administration: Statute 736.0813 of the Florida Trust Code details the duties of a trustee, including the duty to inform and report. Trustees must inform qualified beneficiaries about the trust and its administration and act in the best interests of the trust.
- Trust Dispute Resolution Framework: Chapter 44 of the Florida Statutes encourages alternative dispute resolution methods, highlighting mediation and arbitration as effective tools.
- Addressing Undue Influence: Florida Statute 732.5165 addresses the nullification of legal documents influenced by undue pressure, fraud, duress, or mistake. If a trust was executed by any of these means, the law considers it void.
- Breach of Trust Claims: Under Florida Statute 736.1001 beneficiaries can seek remedies for breaches of trust, defined as a violation by the trustee of a duty the trustee owes to the beneficiary.
- Trust Contest Procedures: Florida Statute 736.0201 outlines the procedural aspects of trust contests. Judicial proceedings involving trusts must begin by filing a complaint and be governed by the Florida Rules of Civil Procedure. The court may intervene in trust administration when an interested person requests that the court reform the terms of the trust to align with the settlor’s (person who created the trust) intentions. An interested person must bring suit if they want to challenge the validity of a trust.
- Alternatives to Contesting a Trust for the Protection of Interested Persons and Beneficiaries: The Florida Trust Code upholds the rights of interested persons and beneficiaries by offering multiple options for seeking justice concerning a trust, other than having the trust declared invalid. One option is a nonjudicial settlement agreement. It avoids the uncertainty that accompanies trying a case through court. A skilled litigation attorney can negotiate a proper settlement, saving significant time and money.
- Consult a Trust Litigation Attorney at the Law Offices of Daniel A. Seigel, P.A.: Since 2012, our lawyers for trust and estate disputes have been providing exceptional legal representation. Our law firm was founded on several governing principles that will always be the hallmarks of our practice: zealous representation, extreme responsiveness, and unmatched value.
What Constitutes a Trust in Florida?
In Florida, a trust is a legal arrangement where the person making the trust, known as the grantor or settlor, transfers assets into it and designates a trustee to manage the assets for the benefit of the named beneficiaries of the trust. In South Florida, people often employ trusts as part of their estate planning to manage and distribute assets according to the grantor’s wishes and potentially avoid probate. Types of trusts include:
Testamentary Trusts
These trusts are established through a will and take effect after the grantor’s death.
Living Trusts
Established during the grantor’s lifetime, living trusts can be revocable or irrevocable. A revocable trust can be altered or revoked by the grantor during their lifetime. An irrevocable trust cannot be altered or revoked without the consent of the beneficiaries once established.
Reasons for a Trust Dispute
A trust dispute could concern the validity of a trust document, the administration of the trust, or the distribution of the trust assets, and may include proceedings to:
(a) Determine the validity of all or part of a trust;
(b) Appoint or remove a trustee;
(c) Review trustees’ fees;
(d) Review and settle interim or final accounts;
(e) Ascertain beneficiaries; determine any question arising in the administration or distribution of any trust, including questions of construction of trust instruments; instruct trustees; and determine the existence or nonexistence of any immunity, power, privilege, duty, or right;
(f) Seek a declaration of rights; or
(g) Determine any other matters involving trustees and beneficiaries.
Standing to Contest a Trust Through Trust Litigation
Trust litigation involves disputes over a living, irrevocable, or any other trust between beneficiaries, trustees, or other interested parties. Concerning estate disputes, our trust litigation attorneys in Boca Raton know that to contest a trust in Florida, an individual must have standing, or a direct interest in the trust, such as a beneficiary or a trustee. In general, the following people have standing in the eyes of the law:
- Interested Persons. An interested party may petition the court regarding a trust.
- Beneficiaries, including contingent beneficiaries. The Florida Trust Code defines a “beneficiary” as a person who has a present or future beneficial interest in a trust, vested or contingent, or who holds a power of appointment over trust property in a capacity other than that of trustee.
- Trustees, the individuals designated in trusts to distribute assets to its beneficiaries in accordance with the terms of the trust.
- Settlors/Grantors/Trustors — Creators of trusts have the standing to sue concerning the trust while it remains revocable. Once the trust becomes irrevocable, a settlor/grantor/trustor loses standing unless they retain an interest in the trust or specific powers under the trust document.
- Creditors. In some circumstances, creditors could potentially have standing to sue a trustee to the extent necessary to reach trust assets to satisfy a debt or judgment against the trust or the person who created it.
An Experienced Trust Litigation Attorney Explains the Grounds for Trust Litigation
As the trust litigation lawyers at the Law Offices of Daniel A. Seigel, P.A. can attest from extensive experience, an individual must have valid grounds for pursuing trust litigation. For example, Florida law provides that: “If the creation, amendment, or restatement of a trust is procured by fraud, duress, mistake, or undue influence, the trust or any part so procured is void.”
Common grounds for trust litigation include:
Lack of Capacity
An individual may contest a trust on the grounds that the grantor lacked the capacity to understand the implications of creating or modifying the trust. The standard for a settlor’s capacity to create, amend, revoke, or add property to a revocable trust is the same as the standard for a testator’s capacity to create a will under Florida law. That is, a settlor has capacity to create a revocable trust if they are over the age of 18 and of sound mind. Soundness of mind requires that the settlor understands: i) the nature and extent of the property to be disposed of; ii) their relation to those who would naturally inherit from them; and iii) the practical effect of the document they are executing.
Undue Influence
A party seeking to contest a trust might also argue that someone exerted excessive pressure on the grantor to change the trust in their favor. If a trust is the product of undue influence, then the trust, or the relevant portion of the trust, is invalid.
A trust is presumed to be the consequence of undue influence if the person alleged to have exerted such influence is a substantial beneficiary of the trust, had a confidential relationship with the settlor, and actively procured the document.
The Florida Supreme Court has identified a set of criteria to consider in evaluating whether a beneficiary “actively procured” the document at issue. These factors were established in In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971), and have been widely used to assess claims of undue influence.
The non-exclusive criteria considered in determining whether undue influence has been exerted include:
- The presence of the beneficiary at the time the trust was executed.
- The presence of the beneficiary at the time the settlor expressed a desire to create the trust.
- A recommendation by the beneficiary of an attorney to draft the trust.
- Knowledge of the contents of the trust by the beneficiary prior to its execution.
- Giving of instructions on preparation of the trust by the beneficiary to the attorney drafting the trust;
- Securing witness to the execution of the trust by the beneficiary;
If undue influence is proven, the trust may be declared invalid, either partially or in whole, depending on the extent of the undue influence. The burden of proving undue influence generally lies with the person challenging the validity of the document, but if a confidential relationship is established, the burden may shift to the proponent of the will or trust to prove that there was no undue influence.
Fraud or Duress
A party contesting a trust might argue that the trust was procured by fraud or duress, rendering the trust void and unenforceable.
Improper Execution
Florida law requires certain formalities for a trust to be valid. A party challenging a trust might argue that the trust’s execution fails to meet these formal requirements, such as proper execution, witnessing, or notarization, rendering the trust invalid or unenforceable.
Revocation
If the grantor revoked the trust before their death, it may no longer be valid. Evidence of revocation might include written and signed statements by the grantor revoking the trust and/or statements from individuals who witnessed the revocation.
The Steps Involved in Trust Litigation
As a trust litigation lawyer would advise a client, trust litigation involves the following steps:
Filing a Complaint
The process to contest a trust begins with filing a complaint in the circuit court. Venue is proper in any county where venue is proper under general venue principles under Chapter 47, Florida Statutes, as well as “any county where the beneficiary suing or being sued resides or has its principal place of business” or “the county where the trust has its principal place of administration.”
The complaint should outline:
Standing: The plaintiff’s interest in the trust, such as a beneficiary or a trustee.
Grounds for Contesting: The reasons the plaintiff believes the trust is invalid, such as undue influence or lack of capacity.
Requested Relief: The relief sought by the plaintiff, e.g., invalidating the trust.
Discovery
The discovery process involves gathering evidence to support the grounds for contesting the trust. This can include documents requests, interrogatories, requests for admissions, and depositions.
Mediation and Settlement
Before going to trial, many trust disputes are resolved through mediation, which involves a neutral third party aiding the party in reaching an amicable resolution of the dispute. If a settlement is reached, the terms will be documented, and the court will typically approve it.
Trial
If mediation fails or the case does not resolve by settlement, the case proceeds to trial.
Post-Trial and Appeals
If a party is dissatisfied with the trial court’s decision, they can file post-trial motions to address issues that arose during the trial. They can also appeal the decision to the appropriate appellate court, which will review the trial court’s decision for legal errors.
Do I Need a Trust Litigation Lawyer in Boca Raton, Florida?
Working through the complexities of trust litigation lawsuits can overwhelm anyone, particularly when questions of validity, undue influence, or breach of fiduciary duty are involved. Hiring an experienced trust litigation lawyer to interpret intricate legal documents and statutes as they uphold the intentions of the trust creator is critical.
Trust litigation cases come with high emotional and financial stakes as beneficiaries and family members seek to protect their rights and preserve the legacy of their loved one. A skilled trust litigation lawyer provides legal guidance and emotional support as they guide you through the stressful litigation process and safeguard your assets.
When Assets are at Stake, You Need an Experienced Law Firm. Trust the Law Offices of Daniel A. Seigel, P.A. in Boca Raton, Florida for Trust Litigation
Navigating trust litigation can be daunting, which is why hiring an experienced trust litigation lawyer is in your best interest. The Law Offices of Daniel A. Seigel, P.A. is here to provide the legal guidance and advocacy you need. Our law firm understands the emotional and financial impact probate disputes can have, and we are committed to helping you resolve these issues with professionalism and integrity.
Contact our Boca Raton office today at (561) 393-6005(561) 393-6005 or complete our online form to schedule a consultation.
When assets are at stake, you can rely on the Law Offices of Daniel A. Seigel, P.A. to fight for your interests and uphold the legacy of your loved ones.