Damages in Florida Trusts: the market’s up and your trust is down

Are you the beneficiary of a trust that has lost money over the past 24 months?  The US stock market has been on a tear, especially since November lows of 2012.  It’s been on a march to new highs.  What to do if your trustee in Florida is breaking even or losing money in this market?   You may be entitled to “market adjusted damages”.  Market adjusted damages are those gains or earnings which your Florida trust should have made had it been invested properly.   What would a reasonable, prudently invested Florida trust portfolio have looked like had the Florida trust been invested properly?  If the answer is that the trust would be “up”, that “up” is market adjusted damages.  For Florida trust litigation and Florida trust disputes, add on interest.  Know your damages.  And know how to prove them.  Advocate hard.  Litigate smart.