Defending a Florida Trustee in a Trust Lawsuit
Understanding the exculpation clause in a trust document is the key to defending a trustee in a lawsuit
Hello my name is John Pankauski, I’m a Trust Litigation Attorney in West Palm Beach.
We get calls in our firm, people who are serving as trustee of mum or dad’s revocable trust all the time, people all over the country say, hey John my dad or mum had a trustee that was a living trust or a revocable trust that passed on and it is now irrevocable and now one of my siblings are suing me. Can you help me out and defend me in this trust lawsuit. One of the secrets to defending a Florida Trustee in a lawsuit is to read the trust document for what trust lawyers call a exculpation clause. You should also read a very specific portion of the Florida Trust Code, Florida Trust Statute 736.1011 this speaks to exculpation clauses that try to limit the liability of a trustee and whether they are valid and under what circumstances they are not valid.
To learn more about defending a Florida Trustee with an exculpation clause, talk to an experienced Florida Trust Litigator.