Fort Myers Trust Litigation Lawyer
The purpose of using trusts to transfer assets is often thought of as a way to avoid probate and minimize the time and expense it otherwise takes to distribute property through a will. However, many of the same issues which can give rise to probate litigation, such as questions of undue influence or fiduciary conflicts of interest can be equally present in a trust situation as well. The Fort Myers trust litigation lawyers at Kuhn Law Firm, P.A. in Fort Myers are vastly experienced in both probate litigation and trust litigation, and our lawyers can represent your interests with a strong voice in Lee, Collier and Charlotte County courthouses.
Inheritance gone? Step mom got it all? You took mom to a lawyer?
Whenever a trust is created or changed, questions may arise whether a trustee or beneficiary of the trust exerted undue influence over the settlor of the trust. These questions especially arise when the trust is created or changed by an elderly settlor whose capacity to make a trust may be disputed due to declining mental or physical health, or after a second marriage when the trust provisions favor the second wife over children from the previous marriage. Our lawyers are fully familiar with the Carpenter factors set out by the Florida Supreme Court in litigating questions of undue influence and can provide aggressive, insightful representation in probate litigation surrounding this issue.
Attacks on the Validity of the Trust
Sometimes the validity of the trust itself is challenged. These attacks often come in the form of challenges to the competency of the settlor to create a trust at the time it was established. Other litigation surrounding a trust’s validity may include claims such as:
- The trust was created for an improper purpose
- The trust contains indefinite or unascertainable beneficiaries
- One person is designated as the sole trustee and beneficiary of the trust
As experienced Fort Myers trust litigation lawyers well-versed in drafting the full range of revocable and irrevocable trusts, our lawyers are prepared to represent your interests in litigation surrounding the validity of a trust.
Breach of Fiduciary Duty
As the holder of legal title to trust property, a trustee may owe a whole host of fiduciary duties toward trust beneficiaries. These duties include loyalty to all beneficiaries and impartiality among beneficiaries, making prudent investments, and avoiding conflicts of interests or self-dealing in the management of trust assets. Trustees may be sued over accounting disputes or the failure to conduct trust accountings, abuse of power, the interpretation of trust provisions, or violation of a fiduciary duty described above. Actions may be taken to remove a trustee for negligence or misconduct and to recoup losses, including a trustee surcharge action in certain circumstances. Kuhn Law Firm attorneys provide strong, aggressive representation in the resolution of trustee disputes, with a steadfast commitment to protecting our clients’ rights while pursuing or defending matters in their best interests and according to their goals.
Help is Available for Trust Litigation in Fort Myers
For advice and representation in any trust litigation matter in Fort Myers, Naples, Port Charlotte and surrounding communities, contact Kuhn Law Firm, P.A. at 239-333-4529 for a no-cost, confidential consultation regarding your concerns.
