Pros and Cons of Trust Litigation in Florida

There’s a lot of advantages and risks, not so much disadvantages of trust litigation in Florida. One of the biggest ones is the X-factor, the attorneys fees. Because the prevailing party, whoever wins is probably going to get attorneys fees from the other side. Some other important advantages are that we have very experienced trial judges hearing trust lawsuits everyday. We also have a rich body of statutory law under the Florida trust code that provides us a lot of direction on whether somebody has done something wrong regarding a Florida trust, whether you have rights to exercise and when you must exercise them. One of the disadvantages, it’s time consuming and it’s expensive. No matter what you do look for a trust litigator, someone who actually tries cases. Not someone who goes to court now and then, not someone who drafts wills. Somebody who understands evidence, the Florida rules of civil procedure and how to apply Florida trust law to your lawsuit.