Winter Park Trust Litigation Attorneys

Representing You Inside & Outside the Courtroom

  • Over 40 Years of Experience
  • Highly Rated & Accredited
  • Big Firm Resources. Personalized Service
  • Strong Trust Litigation Record

Experienced Litigators Fighting for Your Rights

Attorney James M. Flick has handled estate planning, business planning, asset protection planning, probate administration, trust administration, and guardianship administration cases for thousands of clients since 2011.

Our Winter Park trust litigation attorneys work closely with clients to assess each case, develop personalized legal solutions, and achieve the best possible outcomes. We offer litigation services for trust-related legal disputes, including contests and challenges, breaches of trust or fiduciary duty, modifications, and more.

Gavel on desk next to attorney writing on document

Florida Trust Litigation Laws

Winter Park, FL, trust litigation laws fall under Florida trust and estate laws that govern the creation, management, and termination of trusts. Under Florida law, a trust is contestable for up to four years after its creation or two years from the death of the settlor, whichever comes first. The Florida Trust Code, a part of the Florida Statutes, provides comprehensive guidelines for trust administration, beneficiaries’ rights, and trust litigation processes.

An important legal factor is Fiduciary Duty, or the legal responsibility placed on trustees to act in the best interest of the beneficiaries. In Orange County and Central Florida, statutory rules such as the Florida Trust Code provide a documented framework for addressing disputes involving breach of fiduciary duty or failure to represent the beneficiary’s best interests.

Attorney writing on a document

What Situations Require Trust Litigation?

Trust litigation refers to the legal process where disputes related to a trust are resolved. The litigation process can involve the interpretation, administration, or enforcement of a trust and often concerns the beneficiaries’ rights or the trustee’s responsibilities.

The process typically 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. Several situations might result in trust litigation.

Breach of Trust

Breach of trust is when a trustee fails to fulfill their duties as outlined in the agreement. This can include mismanaging assets, self-dealing, neglecting to make required distributions, or not acting in the best interests of the beneficiaries, thereby violating the trust’s terms and the trustee’s fiduciary duties.

Trust Construction

Trust construction refers to the process of interpreting a trust document, particularly when its language is unclear or ambiguous. It requires understanding the settlor’s intent when the trust was created. Disputes over trust construction can lead to litigation, with the court determining the correct interpretation.

Trust Challenges

A trust contest is a legal challenge to the validity of a trust, often initiated by a beneficiary or potential beneficiary. Grounds for a contest may include allegations of undue influence, fraud, duress, or incapacity of the trust creator at the time the trust was established.

Accounting Disputes

Trust accounting disputes arise when beneficiaries disagree with the trustee’s financial report detailing the trust’s income, expenses, and distributions. Discrepancies or perceived mismanagement can lead to litigation, requiring a court to review and determine the accuracy and appropriateness of the trust’s financial activities.

Removal of the Trustee

Removal of the trustee involves legally displacing a trustee from their role, usually due to alleged misconduct, incapacity, or breach of fiduciary duty. This action, often initiated by beneficiaries or co-trustees, requires a court’s approval and can result in litigation if there is disagreement about the removal.

Trust Modification or Termination

Trust modification or termination involves changing or ending a trust, often due to significant changes in circumstances since the trust’s creation. The process can be complex, usually requiring court approval. If beneficiaries or trustees disagree with the proposed changes or termination, it may lead to litigation.

What Does a Winter Park Trust Litigation Attorney 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. Winter Park 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.

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, seeking 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 initiated 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 when someone intentionally disrupts or interferes with another person’s anticipated inheritance. Attorneys specializing in this area represent individuals who believe their rightful inheritance has been wrongfully interfered with, seeking to hold the responsible party accountable and seeking appropriate legal remedies.

Institutional Trustee Representation

Institutional trustee representation refers to the legal representation provided to institutional trustees involved in trust-related matters. These attorneys advise and advocate for institutional trustees, ensuring 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. Winter Park 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 provided to 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 and just outcomes through litigation or negotiation.

Why Should I Hire a Trust Litigator?

Managing a trust or being a beneficiary is often more complex than people anticipate. Trust-related legal disputes are common and include disagreements about the trust’s validity, interpretation of its terms, or allegations of fiduciary duty breaches. When faced with any of these issues, hiring a qualified trust litigation attorney is important.

Litigating Cases for 30+ Years

When it comes to courtroom litigation, experience is critical. Our trust litigators bring years of experience, honed skills, and a strategic approach to every case. We have seen a variety of trust disputes, understand the dynamics at play, and know how to adapt our strategies based on different circumstances and cases.

Negotiating for the Best Outcomes

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 to find common ground and resolve issues amicably whenever possible. However, we are also prepared to protect your best interests when required.

Bringing Professional Experience to the Table

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 Winter Park probate attorneys have the expertise to navigate these complex legal waters. Their profound knowledge enables them to create solid strategies to tackle trust disputes effectively.

Protecting Your Legal Rights

Our lawyers can help ensure that your rights are safeguarded throughout the process. If you’re a trustee, we can help protect you against allegations of mismanagement or breaches of duty. If you’re a beneficiary, they can ensure that the trust is being administered correctly and that your interests are being respected. In both cases, they can advocate for you and ensure your voice is heard.

Licensed Trust Litigation Attorneys in Winter Park, FL

Enlisting the help of a licensed Winter Park trust litigation attorney helps ensure that all paperwork and processes are handled correctly. Our lawyers are experienced in all aspects of trust litigation and able to effectively represent you in cases involving breach of fiduciary duty, trust mismanagement, and beneficiary disputes.

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.

John Rodriguez

Gibbs & Register, Inc.

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.

Marlene B.

Working with James and his team has been great. They are a hardworking group that cares about their clients. I highly recommend.

Spencer Gledhill

I had a great experience and would definitely use them again for any estate planning needs. Thanks guys!

Shay

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  • Highly Rated & Accredited
  • Over Forty Years of Experience
  • Strong Litigation Record
  • Client-Centered Approach

Connect Now (407) 745-0609

Charles (Chad) R. Walker, Jr.

Charles (Chad) R. Walker, Jr.

James M. Flick

James M. Flick

Kimberly W. Kiss

Kimberly W. Kiss