What is a Florida trustee’s best defense against a Palm Beach trust lawsuit?
OK, so you are the successor trustee of mom’s revocable trust which became irrevocable when she passed away in Jupiter Island, Florida. Now, you, her daughter, are in charge of $10 Million of the family trust and you are told thatFlorida trust law applies. Not only do you know nothing about Florida trust law, but yourpain in the #($ brother is suing you for a number of legal things you can’t begin to understand. So, what in the world do you do as the trustee of a Florida trust when you have been sued? What is your best defense to a Florida trust lawsuit? What is a Florida trustee’s best defense to getting sued?
How Florida Trustees Can Defend Themselves Against a Trust Lawsuit
- First of all, hire a trust litigator Florida. Note that I did not say hire a trust “lawyer”. There are a lot of really good, competent, fair and wonderful trust lawyers Palm Beach County, who know absolutely nothing about litigation strategy, rules of Florida evidence and Florida rules of procedure. Ask your lawyer the last time they had a trust lawsuit trial in front of a judge that lasted more than 30 minutes. Seriously. You wouldn’t get a general practitioner to perform brain surgery, so take your time, research, interview and get a trust litigator Florida. And not a litigator who litigates, but doesn’t conduct trust matters every day. There are a lot of really, very good trial lawyers Palm Beach who have handled maybe one or two or three trust lawsuits, but they also handle business matters, landlord tenant, commercial matters, evicition, foreclosure. Trust litigation Florida is now almost a sub speciality or a cottage industry: limited, unique, and with a handful of very good professionals who limit their practiceto trust litigation Florida. If you want someone who is the “Green Berets” or “Navy Seals” of probate litigation, take your time and find that Palm Beach litigation law firm.
- Find out what you are being sued for. Are you being sued for breach of fiduciary dutyor is your bro suing you to overturn the Florida trust? A declaratory judgment action on the trust is different than saying you are wrong or that you did something, as Palm Beach trustee, improper. Know what’s out there.
- http://www.amazon.com/Pankauskis-Trustees-Guide-John-Pankauski/dp/1504903331/ref=sr_1_1?ie=UTF8&qid=1442101310&sr=8-1&keywords=pankauski
- Disclose, disclose, disclose. As trustee of the Florida trust, you are required to giverelevant information and a Florida notice of trust to the beneficiaries. You are required to tell the trust beneficiaries who you are, and some other stuff under the Florida Trust Code. If you don’t know the Florida Trust Code, read it online for free or hire someone who does know it already. Then…
- Send out “trust disclosure documents”, “annual accountings” and “limitations notices” under the Florida Trust Code. Don’t know what these are? Read Chapter 736 of the Florida Probate Code. You can limit your liability as a Florida trustee, and you can limit, perhaps, a normal 4 year statute of limitations to sue you, to 6 months. Yes, alimitations notice may be the Florida trustee’s best friend. Use Florida law to protect and defend the Florida trustee. Good luck.