Consequential Damages and Florida Trust Lawsuits
You may be able to claim damages for your attorney’s fees if you’ve had to retain counsel for suspecting that the trustee has not been forthcoming.
Consequential damages in a trust lawsuit. Are you a trust beneficiary of a Florida Trust and Florida trust law applies and let’s say that your trustee is doing bad things maybe not telling you about the assets, maybe investing them very poorly, spending too much money, taking too much in compensation. You want to know how you can get attorneys fees from the trustee if you’re successful at trial. There’s one way to do it and that’s the law.
Right, we have laws or statutes in Florida, under the Florida Trust code that permits you to get attorneys fees from the trust. You can also seek surcharge, you can ask a judge to personally fine the trustee and make the trustee pay your attorneys fees and costs if you’re successful but you have
to sue the trustee personally not just in their fiduciary capacity, so you need to get that right from the get-go. In addition to that you can also seek attorneys fees if you can prove consequential damages. If you can prove special or consequential damages because your trustee did such a bad job that you had to hire counsel, you incurred fees and costs that were reasonable. You may be able to make an argument that consequential damages in the form of attorneys fees are some type of special or consequential damages to get your trustee to pay your attorneys.