Trust Litigation: Protecting Your Interests And Resolving Disputes

Last updated on February 14, 2025

Trust litigation involves legal disputes and conflicts arising from the administration, management or interpretation of trusts. These cases are often complex and involve a lot of assets at stake, requiring the skill of an experienced attorney to protect your rights and interests.

At Lesak, Hamilton, Calhoun & Pontieri, Attorneys at Law, our lawyers bring over 20 years of experience in Florida estate planning and probate law. As a results-driven, solutions-oriented problem solver and lawyer, we understand the importance of balancing risk and reward. Our firm is committed to providing value, integrity and personalized attention to each client’s unique needs. We have a proven track record of successfully representing clients in complex trust litigation cases, tirelessly fighting to protect their interests and achieve favorable outcomes.

Common Catalysts For Trust Conflicts

Trust disputes can stem from various reasons, including:

• Beneficiary disagreements: Conflicts may arise among beneficiaries over the distribution of trust assets, interpretation of trust terms or allegations of undue influence or lack of mental capacity during the trust’s creation.
• Trustee misconduct: Trustees have a fiduciary duty to act in the best interests of the trust and its beneficiaries. Disputes can arise if trustees breach this duty through mismanagement, self-dealing or failure to properly account for trust assets.
• Ambiguous trust terms: Unclear or ambiguous language in the trust document can lead to disputes over the grantor’s intent and how the trust should be administered.
• Changes in circumstances: Unforeseen events, such as the grantor’s incapacity, beneficiary disputes or changes in tax laws, may necessitate modifications to the trust, leading to potential conflicts.

Regardless of the reason, trust disputes can quickly become contentious and high-tension affairs, making it crucial to have an experienced advocate on your side.

The Trustee’s Fiduciary Obligation: Duties And Potential Breaches

Trustees are bound by strict fiduciary duties to administer the trust in accordance with the grantor’s wishes and in the best interests of the beneficiaries. They must act with the utmost care, loyalty and impartiality, as well as properly manage and account for trust assets. Breaches of these duties can result in legal consequences, including potential removal as trustee or financial liability.

When Is Trust Litigation Necessary?

While it’s preferable to resolve trust disputes through negotiation or alternative dispute resolution methods, litigation may become necessary in certain circumstances. Involving an experienced trust litigation attorney early on can help protect your rights and interests, especially when dealing with complex legal issues, uncooperative parties or allegations of wrongdoing.

Resolve Trust Conflicts Decisively With An Experienced Attorney

If you are involved in a trust dispute or anticipate potential conflicts, don’t hesitate to contact our firm for a consultation. With our extensive experience as attorneys and commitment to client service, we can guide you through the legal process and provide the strong advocacy you need to resolve your trust litigation matter effectively.

Call Lesak, Hamilton, Calhoun & Pontieri today at 904-901-4750 or fill out an online form to discuss your case.