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Florida Trust Lawsuit

What We Do • Aug 26, 2022
post about Florida Trust Lawsuit

Involved in a Florida Trust Lawsuit? Here are 5 basic tips to try to get on the road to victory. For information on a trust contest, click that link. (For a short legal video on a trust contest or trust challenge, click THIS LINK.)

Who’s got your back in your Florida Trust Lawsuit? #floridatrustlawsuit

5 Things to Read Right Now

OK, before we get into the topic of a Florida trust lawsuit, let’s give you 5 things which you can read for free (almost) right now. These should help you understand this topic much better.

First, consider reading the Florida Trust Code. Chapter 736 of the Florida Statutes. These laws set forth the starting point to understanding a Florida Trust Lawsuit. They tell you the rights which beneficiaries have and the duties of your trustee. (For a short video on a trustee who breaches her duty, click HERE.) In fact there is a whole section just on the Office of the Trustee. (For a short video on trust accountings, click HERE).

Second, if you want to read about a trust contest, you can click on that link. Remember, a trust contest typically objects to the validity of the trust. Or part of it. Like an amendment or a specific provision. Many times, people will attempt to have a trust , or amendment, declared invalid or void. For any number of reasons like undue influence.

Third, read the Florida Rules Of Civil Procedure. Why? Because a Florida trust lawsuit has rules ! You need to know what to do, how to do it, and when. This is your guidebook! Heck, any Florida Trust Litigation Law Firm needs to know not only the rules of procedure, but the rules of evidence. And remember, rules of procedure are different than probate rules. Probate rules deal with estates, probates and guardianships. Suing a trustee, or defending a trust action, is a civil action.

Consider reading Pankauski’s Trustee’s Guide — 10 Steps to Family Trustee Excellence.

Finally, there is caselaw out there from Florida’s District Courts of Appeal. You can read these for free on the DCA websites and even do searches. Many legal commentators and trial lawyers provide commentary on them as well, and even plain-English videos.

5 Tips or Secrets to Winning

First, consider this video on avoiding mistakes in your Florida trust lawsuit.

Second, consider understanding how to read a trust document. If the Florida Trust Code is the starting point for your suit, then the trust document itself may be the “bible.” Know what it says because the judge in your lawsuit is going to read it and tell YOU what it says.

Third, who do you have on your side? Consider hiring an experienced trust litigation law firm. You know, the kind of trust law firm that really tries cases. Does more than “go to court“. Or write trusts. They set cases for trial. They pick juries. Lots of Florida lawyers say they go to court, but don’t really try cases. And, let’s face it, some lawyers just settle everything. Here’s a short video on things to consider when interviewing your trust litigator.

4th, consider what criteria are important to you in the lawyer who you hire. Everyone wants to win, but do you know how to FIND the right attorney? Do you know what questions to ask when interviewing? Consider these factors.

Finally, suits are expensive. So, if you think that you can’t afford a great lawyer, or simply don’t want to spend thousands and thousands of dollars each month, consider a contingency fee. There are some (admittedly only a few) confident, experienced trust trial lawyers who love what they do who will take your case on a contingency. (No recovery, no fee. )