Category Archives: Trust Litigation
Separating the “Trustee” from the Person Serving as Trustee
One of the more difficult legal concepts with respect to trusts is that the “trustee” is not the same thing as the person who is serving as trustee. In other words, if you are serving as trustee over a family member’s trust, you are acting in a specific legal capacity. If someone sues you… Read More »
Florida Court Rejects Effort to Reopen Trust Litigation After 11 Years
The purpose of creating an estate planning trust is to avoid probate. But avoiding probate does not always mean keeping the courts out of your business. There can still be disputes and legal issues that lead to trust litigation. In some cases, this litigation can be quite complex and take many years to resolve…. Read More »
What Is a Charitable Remainder Trust?
Trusts serve many functions in estate planning. One is to ensure assets do not go through probate after a person dies. But trusts can also help you save on your taxes while you are alive. A good example of this is a charitable remainder trust, which is a special type of estate planning trust… Read More »
Can I Use a “No-Contest” Clause in My Florida Will or Trust?
One of the biggest reasons people make an estate plan is to minimize the potential for litigation among family members. You have no doubt seen stories in the news about heirs fighting for years in court over a loved one’s estate. In some of these cases they are not even fighting over a particularly… Read More »
Answers to Common Questions About Taxes and Your Florida Estate or Trust
When it comes to Florida estate planning, we often think about questions like, “Who will take care of my children?” or “Who will inherit my property?” We usually do not think about some of the secondary legal issues that may arise in the course of administering our trust or estate, such as, “Do I… Read More »
How Long Do I Have to Challenge a Florida Trust Procured by Undue Influence?
Ideally, a Florida trust will avoid the need for probate or any extended court proceedings involving your property. But in reality, relatives and other beneficiaries can just as easily challenge a trust as a will. Under Florida law, a trust may be declared partially or completely invalid if there is evidence of undue influence… Read More »
