what is a trust litigation attorney

A trust litigation attorney plays a role in helping beneficiaries receive what they are entitled to and providing trustees the defense they may need against frivolous lawsuits. Trusts are rarely cut and dry, but trustee interference or poor conduct can make an already opaque and difficult situation far harder.

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What is estate and trust litigation?

A trust litigation lawyer can assist in determining whether or not someone’s trust was enforceable by law and can also assist in defending the trust. The grief of losing one is very difficult, and the heightened emotions frequently result in …

What do litigation attorneys do?

A trust litigator is described as a trust lawyer who is skilled in handling trust disputes between trustees or beneficiaries. A trust litigation attorney is essential when trustees or beneficiaries feel denied their legal rights. A trust litigator will review the Trustee’s fiduciary duty and, if retained, give legal counsel.

What is a real estate litigation lawyer?

Dec 27, 2018 · Trust Litigation. A trust, like other legal entities, can be sued. If you wish the file a lawsuit against a trust, then you will typically name the trustee as a party in the suit, because the trustee is the person with the power to defend lawsuits on behalf of the trust. There are a variety of reasons why trust litigation may arise.

What is a corporate litigation attorney?

The Mechanics of Trust Litigation: Depending on the terms of the Trust, most disputes end up in a court of law, often the probate court, with one or more beneficiaries filing suit to have the Trustee removed, account for all sums spent, and to repay the Trust for damages. Some Trusts provide for arbitration of all disputes.

What is a trust litigation lawyer?

A trust litigation attorney becomes necessary when disputes arise during the organized distribution of property from one generation to another, e.g. heirs and beneficiaries. Typically, a trust is constructed in such a way that instructions are clearly stated.

What is estate and trust litigation?

Trusts and Estates Litigation is the specialized practice of law involving the resolution and, if necessary, litigation of trust, estate, and protective proceedings.

What is a trust lawsuit?

Typically, trust lawsuits involve legal disputes over the administration of trusts by trustees. Types of causes of action brought in a trust litigation case can include: Trustee Defense: Defense of trustees accused of wrongdoing while performing trust orders, duties or responsibilities.

What is a trustee in Florida?

A trustee is responsible for distributing and administering assets held in a trust to beneficiaries in accordance with the terms of a trust.

What happens when a beneficiary has objections to a trustee?

When a beneficiary has objections regarding the actions of a trustee, they may file a legal dispute and the trust may enter litigation. Likewise, a trustee accused of improprieties has the right to defend themselves in their management of a trust.

What is a trust in estate planning?

In a trust, the estate planner, known as the settlor or grantor, places their assets under the control of a trustee, who holds these assets on behalf of a beneficiary. It is important to remember that trusts are essentially tripartite ...

What is trustee in a trust?

It is the process by which the successor trustee carries out the instructions left in the trust for the distribution of the assets to the beneficiaries. In some trusts, the trustee has a degree of leeway over how to invest and distribute the assets in the trust.

What are the two types of trusts?

There are two major types of trust: revocable and irrevocable . Revocable trusts are also known as living trusts, or, if you want to get fancy, inter vivos (“between the living”) trusts. In a revocable trust, the terms of the trust can be modified by the settlor at any time.

Why do people create irrevocable trusts?

The reason why some people choose to create irrevocable trusts is that have a couple of major advantages over revocable trusts. For one, the assets in an irrevocable trust, unlike those in a revocable trust, are no longer vulnerable to debt collection or to lawsuits against the settlor.

How to set up a trust?

First, you must select the trustee and beneficiaries, and obtain the consent of the former. Second, you must create the trust document, which will give the instructions for distributing the assets in the trust.

Why do you need a revocable trust?

The benefits of a revocable trust are obvious: the settler can correct earlier mistakes and respond to changing circumstances. As everyone knows, financial and family circumstances can change very rapidly, and there are a variety of reasons why you may eventually need to amend or revoke your trust .

What happens if you are named as a party in a lawsuit?

Also, under the doctrine of joint and several liability, if you are named as a party in a lawsuit then you will be punished based on your ability to pay rather than your degree of fault. This is bad news for you if you have a large savings, even if you bore only a small degree of fault for another party’s injury.

What happens if a trust bar acts for negligence?

If the Trust bars actions for negligence against the Trustee, no action would lie. However, if the Trustee received a bribe from one of the employees to look the other way, then regardless of the wording of the Trust, the Trustee would be liable for intentional breach of trust.

Why do people use living trusts in California?

Living trusts have become part of most estate plans in California since that structure allows families to pass assets to the next generation without the expense and delay of formal probate that having only a will entails. As discussed in detail in our articles on estate planning and trusts, the use of a trust has significant benefits for the average family and for those with substantial wealth can save a great deal of money in administrative costs and taxes.

What is the role of a trustee?

The “Trustee” is the person or persons (or entity) agreeing with the Trustor to hold assets placed into the trust for the benefit of third persons.

Why is the trustee irate?

All too often, the Trustee becomes irate at the suggestion of wrongdoing, cuts off communication, and anger builds on the part of the Beneficiaries.

What is the highest duty known to law?

It is the highest duty known to law and violation of that duty imposes personal liability upon the. Trustee. EXAMPLES: A typical claim brought by a Beneficiary is that the Trustee paid himself or herself too much money for running ...

What age does an uncle become a trustee?

Another example: an uncle becomes the Trustee for a minor child of the now deceased parent and until the child reaches the age of eighteen, handles the various investments in the Trust. When the child becomes eighteen, she is entitled to distribution of the remaining assets in the Trust.

What happens if the court approves an accounting?

And if the court approves an accounting, that can act as a full bar against later action. This also means that any Beneficiary receiving such an accounting should carefully review it, with professional assistance if necessary, to determine if any objection is warranted.

Who controls a trust?

Trusts are controlled and administered by a person so nominated in the trust instrument called a trustee. The trustee is a "fiduciary" to the beneficiaries of the trust, and the law imposes on trustees the highest duty of care in administering their duties. All trustees must act with the “ punctilio of honor ,” in the famous words of Justice Benjamin Cardozo in the United States Supreme Court opinion, Meinhard v. Salmon .

Where did the idea of trust originate?

The concept of a trust originated in medieval England. Friars were not allowed to own property, so gifts were made to responsible people to hold property for the “use” of the friars. This system of “uses” is what has transformed into what we now know as trusts.

Protecting your interests

At BaumannKangas Estate Law, we help trustees and personal representatives of estates avoid costly and estate-damaging litigation with concrete guidance through the complexities of estate and trust law so that they do not breach their duties.

Will and trust contests and interpretation

Litigation not only results from improper estate or trust administration but from the validity of the will or trust itself. Sometimes questions arise that require a thorough investigation and resolution through litigation.

Experienced litigation lawyers working for you

Additionally, we represent decedent’s representatives, beneficiaries, and third parties in other types of cases, including:

Let Us Help

Your choice of an estate law attorney is vital to successful estate and trust litigation. Contact BaumannKangas Estate Law for a thorough, reliable assessment of your case.

Brandon Bellew

Exclusively handles trust & probate Litigation. Represents clients relating to trusts, estates and guardianships

John Farina

Since 1971, our attorneys have helped thousands of consumers navigate and succeed under inheritance law.

Joseph W. Fleece, III

Assisting people in Tampa with their Florida estate & trust litigation issues.

Harry P. Teichman

Harry P. Teichman helps Tampa clients with their estate & trust litigation needs.

Brandon D. Bellew

Experienced, assertive estate & trust litigation representation in the Tampa, FL area.

Hamden H. Baskin, III

Hamden H. Baskin, III helps Tampa clients with their estate & trust litigation needs.

Rachel Drude-Tomori

Rachel Drude-Tomori has multiple years of experience in helping clients with their estate & trust litigation needs in Tampa, FL.

What is Bulluck Law Group?

Bulluck Law Group is a law firm based in Temple Terrace that has served the area since 2008. The practice has experience with business litigation cases and disputes involving auto accidents , personal injury, wrongful death, and insurance claim denials. The firm is a member of the Million Dollar Advocates Forum, was rated by Super Lawyers, and was rated 2013 Business of the Year by The Greater Temple Terrace Chamber of Commerce.

What is Trenam Law?

Trenam Law has been serving the Tampa area since 1970. The practice represents clients in commercial, eminent domain, and property rights litigation claims. The civil litigation attorneys in Tampa give financial support and service to community organizations including Meals on Wheels, the American Lung Association, and the Tampa Museum of Art. The practice was recognized as one of the Best Lawyers' Best Law Firms 2016.

What is Persante Zuroweste?

Persante Zuroweste has experience with litigation cases including securities litigation, probate litigation, Florida trust litigation, business litigation, commercial litigation, and personal injury. Its litigation attorneys in Tampa have been recognized by Super Lawyers, Florida Trend's Florida Legal Elite, Martindale-Hubbell, and the ICA. Clients have praised the law firm for its honest, intelligent, and diligent attorneys.

What is DPW legal?

DPW Legal focuses on intellectual disputes involving copyrights, trademarks, trade deals, trade secrets, and non-competition agreements. The practice has experience in state and federal court appeals. The litigation law firm, based in Wesley Chapel, has an AV Preeminent rating by Martindale-Hubbell and a Superb Avvo rating, and has been recognized as one of Florida Trend's Florida Legal Elite. The attorney is a member of the American Bar Association, the American Intellectual Property Law Association, and the Federal Bar Association.

Where is Englander Fischer based?

The attorneys at Englander Fischer have more than 100 years of combined experience in the legal industry. The firm, based in St. Petersburg, handles business litigation cases such as contract breaches, commercial disputes, bankruptcy litigation, trade secret litigation, unfair trade practice litigation, and environmental litigation. The practice won Florida Trend's Florida Legal Elite recognition in 2013, 2014, and 2015, and has an AV Peer Review Rating by Martindale-Hubbell.

Who is Jo Ann Palchak?

This experienced civil litigation lawyer in Tampa is a board member of the National Association of Criminal Defense Lawyers and was deemed a Rising Star by Super Lawyers.

Who is Scott Haas?

S. Haas Law has been representing Tampa businesses and individuals since 1998. The attorney has more than 18 years of civil litigation experience and will represent clients in business and commercial litigation cases. The law firm is accredited by the Better Business Bureau with an A+ rating. Clients have praised Scott Haas for his fast work and knowledge of the law.

Beneficiaries and Trustees

Trust Litigation Causes of Action

• Finding the right trust litigation attorney is crucial when navigating the world of trust litigation. The last thing you want is to be caught unprepared when accused of misappropriating funds, frivolous claims, or of manipulating the wishes of a grantor. Both trustees and beneficiaries nee…

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Trust Litigation Legal Dispute Examples

• Trust litigation involves legal disputes over a trust, between beneficiaries and trustees. Every Florida trust names a trustee. A trustee is responsible for distributing and administering assetsheld in a trust to beneficiaries in accordance with the terms of a trust. Beneficiaries of a trust are those who receive assets from a trust.

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