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Suing a Trustee

Suing a Trustee: Florida Trust Litigation

At times, a trustee of a trust, or an executor of an estate, may not be serving Florida, beneficiaries. Such a fiduciary owes its beneficiaries the highest duties found in the law. When these legal obligations are violated, beneficiaries are able to assert their rights and file claims against trustees .

Although this sounds straightforward, in reality, the legal process of exercising these rights can be complex. Be cautious about trying to do this on your own, or doing it with a Florida probate lawyer who is afraid to go to court or be aggressive. The Pankauski Hauser Law Firm is experienced and confident. Most lawyers we go up against react to what WE are doing. We try to MOVE your case. We try to get things done in an aggressive, yet civil, manner. That’s why we are not for everyone.

Hire the Florida Probate Trial Lawyers That Other Lawyers Hire: If you want a lawyer to simply write a letter, we are probably not for you. If you just want to settle, or hope for a settlement, I’m not sure that our aggressive, strength-building mindset will work well with yours. Our probate lawyers are actually trial lawyers. We don’t write wills and trusts. We don’t go to court merely “now and then.” We go to court often, like almost every day. We are experienced, focused litigators that other attorneys in Florida hire for their own, personal, family matters. Pankauski Hauser has the knowledge and practical experience needed to guide beneficiaries through even the most complicated of cases. While we offer common sense, and we are pleased to discuss resolution or mediation of your probate dispute with your opposing counsel, we know that getting ready for trial, or setting a matter for trial intimidates the other side. Do you want to intimidate the other side or is your lawyer intimidated?

Why Trustees Hire Us: Yes, Pankauski Hauser also has a vibrant defense practice. Evidently, trustees have heard about our trust litigation experience in Florida, and have sought us out to help them either administer trusts, protect them, and try to limit their liability, and, of course, to defend them in lawsuits filed by trust beneficiaries in Florida. Pankauski Hauser, probate and trust litigators in West Palm Beach, represents both trustees and those that want to sue trustees. We select a limited number of cases each year based upon the facts and the application of Florida law. Our litigation firm is always flattered when we are interviewed. Feel free to call for a free, 30 minute consultation via phone. Feel free to interview us for your trust litigation, whether defending a trustee or suing a trustee, or guiding a beneficiary caught in the middle of a Florida trust lawsuit. Questions about accountings under the Florida Trust Code? Questions from beneficiaries or trustees’ lawyers? Feel free to give us a call. Or, you can read all about the Trust Code right here.

Pankauski Hauser’s toughness, and commitment to dispute resolution, and strong, yet professional, advocacy is highlighted by the fact that our lawyers are often asked to serve in fiduciary roles such as curators, guardians, experts and mediators. Our assertive and results-oriented trial strategies have allowed us to protect the rights of hundreds of clients throughout the state of Florida. While we are open to tough negotiations and even mediation, our goal is to get your matter resolved. We are serious litigators and always prepare for your days in court, where we will use our experience and advanced trial techniques to protect your interests.

Florida Trustee Lawsuit Attorneys

Although executors and trustees are bound by certain different duties, there are some that are paramount. Some of the most important duties include:

  1. Duty of loyalty (A fiduciary must avoid conflicts of interest and acts of self-dealing. A fiduciary must place a beneficiary’s interests above everyone else’s interests.
  2. Duty to provide relevant information (including accounting, inventory, location of funds and assets, fiduciary fees, and how and to whom assets are distributed)
  3. Duty to manage assets responsibly and prudently

In cases involving these or other duties, the bottom line is that a will executor or trustee must always watch out for your best interests. When this does not happen, we are equipped to file a claim against that person and fiercely advocate on your behalf.

Recently, Florida has seen a number of major changes to the laws protecting beneficiaries of trusts and estates. Being dedicated solely to estate and trust litigation, our lawyers fully understand these changes and know how to apply them to our clients’ advantage.

Considering Suing A Trustee Or Executor? Our Experienced West Palm Beach Attorneys Can Help.

To schedule an initial consultation with a West Palm Beach lawyer and discuss suing a trustee or executor, call Amanda Phillips at 561-514-0900 Ext. 101 or fill out our online form.

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