Florida Federal Trust Lawsuits, Conversion, and Civil Theft
If you’re involved in a trust dispute, it might be a federal case. That’s right! If you’re a beneficiary or you’re even a trustee of a Florida trust, should you file in Federal Court vs. State Court? What are the advantages or disadvantages?
And, if you have allegations about somebody taking property, is that conversion, if they’re taking trust property improperly, or is it civil theft which is a different tort that gets you treble damages and there’s an attorney fee provision.
But civil theft requires felonious intent, right? It requires a criminal intent, it’s different than other torts that Florida trust law provides or lets somebody go to court over if you’re arguing over trust property and whether it was handled properly or improperly.
You can read the Inglis case, it’s on West Law 2017 WL637485; it discusses a federal court case involving someone’s revocable trust that’s now irrevocable, issues of conversion and civil theft.