Florida probate lawyers know that trusts are becoming popular as will substitutes. Did you know that you can hold real estate and other large pieces of property in trust for future generations to avoid the pains of probate? What duties will a trustee have in that instance? Check out this recent case out of the Federal Court in South Dakota where the United States Government was sued for breach of trust! How do Florida estate lawyer prove breach of trust in probate court?
Trustee Duties
- Florida probate lawyer know that trustees owe duties to the beneficiaries of a trust.
- What does that mean?
- It means trustees are not involved in what estate attorneys call an arm’s length transactions.
- That means a trustee has to look out for the property or they risk a lawsuit.
- Florida estate attorneys know that not all trustees keep up their side of the bargain.
- Did you know that Florida probate attorneys can sue trustees for taking out loans against trust property or buying it from the trust?
- What if the transaction was fair to the trust?
- Probate attorneys Florida know that may not cut it.
- How can you find out whether or not actions constitute a breach of trust in Florida probate court?
- Start by talking with an experienced probate litigation law firm.
- Also keep informed on trust funds and where they are going.
- Have you requested an accounting any time recently for your South Florida trust?
Fredericks v. United States
- This was a very interesting case dealing with a breach of trust in federal court in South Dakota.
- What does this have to do with Florida probate litigation?
- More than you may think!
- This was a case where several Native Americans were suing the government for abusing their land.
- Again, how is this a trust case?
- Heirs to a deceased man were suing because the land they were set to inherit was held in trust by the government.
- The government was renting out that land and making money off of it, and presumably keeping that money.
- Does that constitute self-dealing in Florida probate Court?
- What do you think?
Want to learn more?
Check out the entire case by clicking here.
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