TRUST DISPUTES IN FLORIDA: KNOW YOUR RIGHTS
Disputes involving trusts can arise for a variety of reasons. Fortunately, Florida law provides protections for beneficiaries who may be harmed by a trustee’s actions. While trust disputes often involve misunderstandings or disagreements, in many cases, these disputes stem from serious breaches of fiduciary duty where the trustee fails to act in the best interests of the beneficiaries. If you're facing a trust dispute, it's crucial to understand your rights and the legal framework that governs how trusts should be administered.
After one year with my first attorney, it became clear I needed a lawyer who was an expert representing trustees. Every attorney I asked, and everyone my wife asked said Mike Minot was the best trust litigation attorney. After meeting him in his office I knew I needed Mike Minot to represent me.
Mike Minot stepped in and immediately began asserting new defenses and counterclaims citing cases favorable to my position. Suddenly, it felt like I was the one winning. Mr. Minot kept me informed throughout. Although the case was very complicated, he answered my questions in a way I could understand. Mike Minot has my highest recommendation.
JOHN
To contest a trust in Florida, a petition must be filed with the probate court that has jurisdiction over the trust. The petition must outline the legal grounds for contesting the trust, whether it be due to breach of fiduciary duty, lack of capacity, undue influence, or another reason. Once filed, the court will review the petition, and the trustee, as well as all interested parties, will be notified of the dispute.
Eligible parties who may contest a trust include:
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Beneficiaries named in the trust who feel they are being unfairly treated.
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Family members who would have been entitled to inherit under Florida's laws of intestate succession.
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Prior beneficiaries of an earlier version of the trust, if they were disinherited by a later amendment.
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In Florida, there are strict deadlines for contesting a trust. Once you are notified about the trust and the commencement of the administration process (via a Notice of Administration), you generally have 90 days to file a petition challenging the trust. If you receive a Formal Notice of Petition for Administration prior to the trust being probated, the time frame is reduced to 20 days. Failing to meet these deadlines could prevent you from challenging the trust in the future.
Trust disputes are often complex and involve intricate legal principles. If you are considering contesting a trust in Florida or are facing a dispute involving a trustee’s breach of fiduciary duty, seeking legal assistance is crucial. An experienced probate litigation attorney can help navigate the legal procedures, provide expert advice, and ensure that your interests as a beneficiary are properly protected.
At Minot Law P.A., we specialize in trust disputes and fiduciary litigation. Whether you’re challenging a trustee’s actions, defending your rights as a beneficiary, or working through a complicated trust contest, Michael S. Minot and our team are dedicated to ensuring the administration of your loved one’s trust is handled fairly and in accordance with their true intentions.
If you're involved in a trust dispute, contact Minot Law P.A. today for a consultation. We're here to help protect your interests and ensure that the terms of the trust are honored.
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WHY CHOOSE MINOT LAW
“Handling inheritance disputes is an area of law that requires not just legal expertise, but also empathy and patience. Many of my clients come to me feeling overwhelmed by family tensions and complicated legal battles, unsure of where to turn. I take great satisfaction in guiding them through this challenging process, ensuring their voices are heard and their inheritance rights are protected. While these situations are difficult, I find it rewarding to help my clients find resolution and peace during such trying times.” - Mike Minot