Beginning a Trust Lawsuit
If you’re a trust beneficiary and you’re thinking about bringing a Florida lawsuit against your trustee, or you’re thinking about initiating or beginning a trust lawsuit, take my advice. Do a few things first. One, find a serious trust litigator. Not a Florida trust lawyer, but a Florida trust litigator, somebody who actually tries cases, not just drafts wills and trusts.
Another thing that you want to think about is, what’s the basis for what you want? What’s the basis of the wrong that you think the trustee committed? Because you may think the trustee did something wrong, when in essence they didn’t do anything wrong. Three, consider what documents you’ve received from the trustee, because you may only have days to bring a lawsuit under the special six-month statute of limitations under the Florida Trust Code.
Four, think about what damages exist, and how you’re going to prove those, because that’s an important element. Five, recognize that just because you may not like your trustee does not serve as the basis for a trust lawsuit. You have to prove damages. You have to prove breach of fiduciary duty. If you’re thinking of bringing a trust lawsuit, you need to get focused and you need to get serious.