Trust litigation attorneys · Coral Gables & Miami-Dade
Trust Litigation for Florida Trustees and Beneficiaries
When a trust is contested, a trustee will not share information or beneficiaries disagree about what the trust means, our litigation team helps you understand your rights and act before deadlines pass.
✓ Board Certified Wills, Trusts & Estates attorney on our team✓ Representing trustees & beneficiaries✓ Negotiation, mediation & trial
Talk with our litigation team
Tell us a little about the dispute and we will reach out to schedule your consultation.
Trust disputes we handle
Trusts are meant to avoid court, but disagreements still happen. A trust may have been signed under questionable circumstances, a trustee may be acting in their own interest, or the language of the trust may be unclear.
Because our firm also drafts trusts and administers them every day, we know where these documents and processes tend to break down. That perspective helps us evaluate a case quickly and build the right strategy, whether we represent a trustee or a beneficiary.
Trust contests based on undue influence or lack of capacity
Breach of fiduciary duty claims against trustees
Demands for accountings and information
Removal and replacement of a trustee
Construction and reformation of trust terms
Disputes over trustee fees and distributions
Who we represent
We represent both sides of trust disputes, which helps us anticipate the other side’s arguments.
Beneficiaries
We help beneficiaries get information, hold trustees accountable and protect their inheritance.
Trustees
We defend trustees whose decisions are being challenged and help them carry out the trust as written.
Accounting Disputes
We review trust accountings, object where something is wrong and seek surcharge where the law allows.
Trust Contests
We bring and defend challenges to the validity of a trust or a trust amendment.
Real Estate in Trust
We handle disputes over homes and other real property held in trust, including homestead questions.
Fees and Costs
We address claims for attorney’s fees and trustee compensation, which Florida law allows in some cases.
Discover
Tell us what happened and share the trust and any notices you received.
Evaluate
We review deadlines, your options and the likely path forward.
Resolve
We pursue negotiation, mediation or litigation, whichever serves you best.
Deadlines matter in trust disputes
Florida sets short deadlines for many trust challenges. A beneficiary who receives a required notice from a trustee may have as little as six months to contest the trust. If you believe something is wrong, speak with a lawyer as early as possible.
Frequently asked questions
Straight answers to the questions we hear most. For advice about your situation, schedule a consultation.
What can I do if a trustee will not share information?
Florida trustees have a duty to keep qualified beneficiaries reasonably informed and to provide trust accountings. If a trustee refuses, the court can compel an accounting and, in some cases, remove the trustee.
Can a trust be contested in Florida?
Yes. Common grounds include undue influence, lack of capacity, fraud and improper signing. Contests of a revocable trust generally cannot be brought until the person who created it has passed away.
Can a trustee be removed?
Yes. The court can remove a trustee for reasons such as a serious breach of trust, lack of cooperation among co-trustees or persistent failure to administer the trust effectively.
Who pays attorney's fees in trust litigation?
It depends on the case. In some situations Florida law allows the court to award fees from the trust or against a party. We discuss fees and likely costs with you at the outset.
