A trust litigation attorney Florida becomes necessary when disagreements arise during the organized distribution of possessions from one genesis to another, say for example heirs and beneficiaries. On a general note, a trust is concept in such a way that instructions are clearly stated. Nevertheless, despite a well-crafted trust paper being in place, legal issues can and do still rise up, postulating the services of a trust litigation attorney.
Thus, it can be said precisely that trust litigation involves legal disputes over a trust, between beneficiaries and legal guardians. Every Florida trust has its a trustee. A trustee is accountable for distributing and administering assets held in a trust to beneficiaries in accordance with the terms of a trust. Beneficiaries are the legal guardians of a trust, who receive assets from a trust.
Trustees owe a legal fiduciary responsibilities to the beneficiaries of a trust including:
- A duty of full disclosure
- A duty of loyalty
- A duty of care.
There are many reasons why a legal challenge may take place with respect to your business:
The person who created the trust lacked lawful right to do so.
This could question the validity of the entire document. Nearly related to this, a person could lack the mental capacity to execute an agreement of the trust. An evidence based on intriguing the executor’s state of mind requires substantial proof to win in the court.
The creator of the trust was coerced.
Through undue authority, a person creating a trust may have been led to administer assets a certain way that could be reckoned as out of the ordinary, contradict the writer of the free will required to ensure the document is valid. In many of the cases, this can be regarded a case of financial elder abuse.
Breach of fiduciary responsibilities.
A fiduciary authority has a legal obligation to act in accordance with the directions laid out in the trust. When this does not go on, a fiduciary could be reasoned in breach of the trust, leaving them open to a legal objection.
Forged Documents
Some papers are flat out forged, leaving open the possibility of not only a civil state of affairs, but a criminal matter as well.
Trust litigation in Florida is complicated and may require several separate legal actions based on related, but different form of claims. A litigation attorney with broad-based estate, trust and probate cognitive content will be needed to efficiently resolve many kind of issues that could spring up when trust litigation first becomes a likely expectation.Our team of Trust Litigation Attorney Florida at Carlin Firm works on behalf of our clients in trust matters to ensure that your case moves forward and that you stay informed about your case.
