Daytona Beach Trust Litigation Attorneys
Legal Guidance & Representation for Trust Disputes
-
Highly Rated & Accredited
-
Over Forty Years of Combined Experience
-
Big Firm Resources. Personalized Service
-
Strong Trust Litigation Record
Fighting for Your Rights Inside & Outside the Courtroom
Attorney James M. Flick has handled thousands of estate planning, business planning, asset protection planning, probate administration, trust administration, and guardianship administration cases since 2011.
With many years of education and experience, our Daytona Beach trust litigation attorneys provide expert legal representation for trustees and beneficiaries in cases involving contests, breaches of fiduciary duty, and other common scenarios. We work closely with clients to assess their circumstances, develop a strategy, and achieve the best possible outcome.
How Does Trust Litigation Work?
Trust litigation refers to legal disputes involving trusts, or legal arrangements designed to protect and distribute assets to beneficiaries. When conflicts arise, a trust litigation lawyer can help resolve issues related to trust administration, interpretation, and breaches of fiduciary duty that get taken to court.
This process usually involves filing a lawsuit, gathering evidence, and presenting arguments in court. Courts aim to ensure fairness and uphold the intentions of the trust’s creator. Trust litigation may involve mediation or negotiation to settle, but a trial can determine the outcome and resolution of the dispute.
What Does a Trust Litigator Do?
A trust litigator is a legal professional who handles trust-related disputes and litigation. Our primary role is representing clients involved in conflicts arising from the administration, interpretation, or management of trusts. Daytona Beach trust litigators work diligently to protect your assets and interests by conducting thorough research, gathering evidence, and developing legal strategies.
Our law firm can assist with analyzing trust documents, assessing fiduciary obligations, and navigating the complexities of trust law. Trust litigators also engage in negotiation, mediation, or litigation, depending on the specific circumstances of each case. Our main goal is to resolve disputes fairly and favorably to uphold the intentions of the trust creator while safeguarding the rights of beneficiaries.
Institutional Trustee Representation
Institutional trustee representation refers to legal representation provided to institutional trustees involved in legal disputes. These attorneys advise and advocate for institutional trustees to ensure they fulfill their fiduciary duties, comply with trust laws, and protect the interests of trust beneficiaries.
Individual Trustee Representation
Individual trustee representation refers to legal representation provided to trustees in trust-related matters. Attorneys specializing in this area offer guidance and advocacy to individual trustees, ensuring they understand their responsibilities, navigate legal complexities, and fulfill their fiduciary duties in managing and administering trusts for the benefit of the beneficiaries.
Beneficiary Representation
Beneficiary representation involves legal assistance and advocacy provided to beneficiaries in trust-related matters. Daytona Beach trust litigation lawyers specializing in beneficiary representation work to protect the rights and interests of beneficiaries, ensuring they receive their rightful share of trust assets, addressing breaches of fiduciary duty, and advocating for their best interests in trust litigation or disputes.
Wrongful Disinheritance Representation
Wrongful disinheritance representation involves legal assistance and advocacy for individuals who believe they have been wrongfully excluded from a will or trust. Attorneys specializing in this area work to protect the rights of individuals who believe they are entitled to inherit assets, challenging the validity of disinheritance and seeking fair outcomes through litigation or negotiation.
Trust Contests
Trust contesting allows beneficiaries or interested parties to dispute a trust’s validity. Causes of action include lack of capacity, undue influence, fraud, duress, or improper execution. The contest aims to safeguard the settlor’s true intentions and ensure the just distribution of assets. It’s a critical legal mechanism in estate planning.
Undue Influence
Undue influence is when someone exerts pressure or manipulation over another person to gain control over their decision-making, particularly in matters involving wills, trusts, or estate planning. Our trust litigators specialize in undue influence cases and work to identify and challenge such instances to protect the vulnerable party’s rights and ensure the integrity of the legal process.
Breach of Fiduciary Duty
Breach of fiduciary duty occurs when a person entrusted with managing the affairs of another fails to fulfill their fiduciary obligations. Attorneys specializing in breach of fiduciary duty cases represent individuals harmed by such violations to hold the responsible party accountable, recover damages, and protect the interests of the affected parties.
Accounting Action
An accounting action refers to a legal proceeding to request a thorough and accurate accounting of a trust or estate’s financial transactions and management. Attorneys specializing in accounting actions represent beneficiaries or interested parties seeking transparency, accountability, and a comprehensive review of the financial records and activities related to the trust or estate.
Tortious Interference With a Testamentary Expectancy
Tortious interference with testamentary expectancy is a legal claim where someone intentionally disrupts or interferes with another person’s anticipated inheritance. Our attorneys represent individuals who believe their rightful inheritance has been wrongfully interfered with to hold the responsible party accountable and seek appropriate legal remedies.
Find a Trust Litigation Lawyer in Daytona Beach, FL
With Walker Flick on your legal team, you will receive quality representation for the best possible outcome in your trust dispute. Our local trust litigators are currently accepting new clients in or near Pelican Bay, Indigo Lakes, Seabreeze Historic District, Ortona, Daytona Beach Boardwalk and Pier, Smyrna Dunes Park Beach, Lighthouse Point Park Beach, and the surrounding areas.
If you are dealing with a trust-related legal dispute in Central Florida, call our law firm to schedule a free consultation with one of our Orlando trust litigation attorneys, Clearwater trust litigation attorneys, Lake Nona trust litigation attorneys, Winter Park trust litigation attorneys, Winter Garden trust litigation attorneys, Leesburg trust litigation attorneys, Sanford trust litigation attorneys, The Villages trust litigation attorneys, or Clermont trust litigation attorneys.
Florida Trust Litigation Laws
Daytona Beach trust litigation laws fall under the broader umbrella of Florida’s trust and estate laws. These laws govern the creation, management, and termination of trusts and the litigation surrounding them. Trust litigation can arise from various issues, including alleged mismanagement of trust assets, conflicts among beneficiaries, or disputes about the trust’s terms or validity.
A vital feature of these laws is the Fiduciary Duty, or the legal obligation imposed on trustees to act in the best interest of the trust’s beneficiaries. Breach of this duty can lead to litigation. In Volusia County and Central Florida, statutory rules like the Florida Trust Code provide a robust legal framework for addressing these disputes.
Why Hiring a Trust Litigation Attorney Is a Smart Move
Managing a trust or being a beneficiary can sometimes prove more complex than anticipated. Trusts usually involve a lot of intricate legal dynamics that result in disputes about the trust’s validity, interpretation of its terms, or allegations of fiduciary breaches.
In-Depth Knowledge of Trust Laws
Trust litigation attorneys possess an in-depth understanding of trust laws, which are complicated and vary from state to state. The intricacies of these laws can be overwhelming for a layperson. From understanding statutory obligations to interpreting legal documentation, our law firm has the expertise to navigate these complex legal waters.
Decades of Experience in Trust Litigation
Walker & Flick bring decades of litigation experience to the table. We have hands-on experience with various trust disputes and know how to adapt our strategies based on different scenarios, laws, and case facts. We comprehensively understand court procedures and rules to best represent you inside and outside of court.
Strong Negotiation Skills
Trust disputes often involve family members or close relationships, making them particularly sensitive. Our attorneys handle the legal complexities and provide objective and measured guidance during emotional times. We are skilled negotiators seeking common ground and resolving issues amicably whenever possible. However, we are also prepared to aggressively protect your best interests if required.
Protecting Your Rights
An experienced trust litigation attorney ensures that your rights are safeguarded during the legal processes involved in trust disputes. If you are a trustee, we can help protect you against allegations of mismanagement or breaches of duty. If you are a beneficiary, we can ensure that the trust is being administered correctly and that your interests are being respected. In both cases, we will advocate for you and ensure your voice is heard.
Time & Stress Management
Litigation is often time-consuming and stressful. Hiring a professional to handle the litigation process not only saves you a considerable amount of time but also relieves the stress associated with court proceedings. We can manage paperwork, prepare for hearings, and handle all negotiations so you can focus on your responsibilities.
Client Success Stories
Discover why clients trust and recommend our legal services.
Charles “Chad” Walker has served Gibbs & Register, Inc. for the past ten years as our de facto general counsel. Chad has demonstrated both a broad knowledge of general legal matters and has been exceptional when it comes to construction law. His knowledge of both the law and the specifics of each issue he has advised us on has been well researched and his proposed strategies have been successful.
Amazing Just Amazing. The James and his team were fabulous. I want to thank everyone for helping me through this probate process. Every question I had you guys always answer and I am really thankful. The different modes of communication was wonderful especially for me that has a busy schedule. I would definitely recommend to anyone they are great at what they do.
Working with James and his team has been great. They are a hardworking group that cares about their clients. I highly recommend.
I had a great experience and would definitely use them again for any estate planning needs. Thanks guys!
