Probate and Trust Litigation

Life transitions can be challenging, and unfortunately, disagreements sometimes arise when it comes to managing a loved one’s estate or the terms of a trust. If you find yourself facing a legal conflict regarding a will, trust, or the actions of someone entrusted with managing these assets, Kimberly Kiss Law can provide the legal guidance you need. Located in Orlando, Florida, our firm offers compassionate and focused legal assistance to individuals facing probate, trust litigation, and other fiduciary disputes.

Probate and Trust Litigation in Florida

Probate and trust litigation refers to the legal process that occurs when there are disputes involving the administration of a deceased person’s estate or a trust. In Florida, probate is the legal process that takes place after someone passes away, during which the court oversees the identification and distribution of assets, payment of debts, and resolution of any disputes. Trusts, on the other hand, are legal arrangements created to manage and distribute assets during a person’s life or after their death, and disputes involving trusts may require litigation to ensure proper handling.

These disputes can arise for a variety of reasons, from allegations of improper conduct by executors or trustees to disagreements among beneficiaries regarding the distribution of assets. Florida probate and trust litigation can be especially challenging, given the state’s unique legal requirements and the emotional strain often involved in these disputes. Probate litigation often involves issues such as:

• Will Contests
  When a family member or interested party challenges the validity of a will, perhaps arguing that it was signed under duress or that the person who made it lacked the mental capacity to understand its terms. In Florida, this can involve proving that the will was the result of undue influence or fraud, or that the person creating the will did not meet the legal requirements for mental competence. Common grounds for will contests in Florida include improper execution, lack of capacity, undue influence, fraud, or forgery.
• Breach of Fiduciary Duty
  Executors, trustees, or other fiduciaries are held to a high standard of care in their management of estate or trust assets. A breach of fiduciary duty may occur if they mismanage funds, fail to follow the deceased person’s instructions, or otherwise act against the best interests of beneficiaries. Florida law requires fiduciaries to act prudently and in good faith, and any deviation from this duty can result in litigation. Examples of fiduciary breaches include self-dealing, failing to diversify investments, failing to properly account for assets, or misappropriation of funds.
• Trust Contests
  Disputes involving the terms of a trust, including concerns about amendments, the interpretation of provisions, or allegations of undue influence. These disputes may occur if there are sudden changes to a trust document that benefit one party over others, or if beneficiaries believe that a trustee is not managing the trust appropriately. In Florida, trust contests may also involve claims that the trust was created or amended under coercion, or that the trust document does not comply with the formalities required by Florida law.
• Disputes Regarding Estate Administration
  This may involve disagreements about how an executor or personal representative is handling an estate, including decisions about asset valuation, debts, expenses, and the timing of distributions. Florida law requires executors to provide transparency and accountability in their actions, and disputes can arise if beneficiaries feel those obligations are not being met. Disputes may also arise regarding the sale of estate assets, payment of creditor claims, or disagreements over tax filings.
• Creditor Claims Against the Estate
  During probate, creditors have the opportunity to file claims against the estate for debts owed by the deceased. Disputes may arise regarding the validity or amount of these claims. In Florida, there are strict deadlines for filing creditor claims, and executors may dispute claims that are not properly substantiated or that fall outside the statutory timeframe.

• Elective Share Disputes
  Florida law provides that a surviving spouse has the right to claim an elective share of the deceased spouse’s estate, which is typically 30% of the estate. Disputes can arise if the surviving spouse’s rights are contested, or if there is disagreement about how the elective share should be calculated and satisfied.

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Trust litigation

Trust litigation can be just as complex. Trusts are often created to protect assets, provide for beneficiaries, and simplify the distribution process. However, disputes can still arise when beneficiaries believe that the trustee is not fulfilling their responsibilities or when questions are raised about changes to the trust.

In Florida, trustees are required to manage the trust according to its terms and in the best interest of the beneficiaries. Failure to do so can lead to trust litigation, where beneficiaries may seek to remove the trustee or recover damages for mismanagement. Trust litigation issues may include:

• Removal of Trustees
  Beneficiaries may seek to remove a trustee if they believe that the trustee has breached their fiduciary duties, engaged in misconduct, or is otherwise unfit to serve. In Florida, removal can be sought if the trustee is not administering the trust effectively, has conflicts of interest, or is acting in a manner detrimental to the beneficiaries.
• Accounting Disputes
  Beneficiaries have the right to request an accounting from the trustee to ensure that trust assets are being managed properly. Disputes may arise if the trustee fails to provide an accounting or if there are discrepancies in the financial records. Florida law requires trustees to provide periodic accountings, and beneficiaries may take legal action if they believe that the trustee is withholding information or not acting transparently.
• Modification or Termination of Trusts
  Disputes can also arise regarding the modification or termination of a trust. Beneficiaries or trustees may seek to modify a trust due to changes in circumstances, but disagreements may occur if not all parties agree. Florida law allows for modification or termination of trusts under certain circumstances, but litigation may be necessary if parties cannot come to an agreement.

Most Common Types of Probate and Trust Litigation

Here are some examples of disputes that might require the intervention of a probate and trust litigation lawyer:

• Undue Influence Claims
  These claims occur when a will or trust is suspected of having been influenced by an individual taking advantage of the deceased person’s vulnerability.
• Trustee Misconduct
  Trustees are legally required to manage trust assets responsibly. If a trustee misuses or mishandles assets, legal action can be taken.
• Heir Disputes
  Disagreements can occur among heirs or beneficiaries regarding who should receive what part of an estate, leading to litigation.
• Fraudulent Transfers
  In some cases, assets may have been transferred out of the decedent’s estate prior to death in an attempt to circumvent the probate process or defraud heirs. Florida law allows for the recovery of fraudulently transferred assets, and litigation may be necessary to ensure that these assets are returned to the estate for proper distribution.
• Homestead Property Disputes
  Florida has unique homestead laws that protect a primary residence from creditors and provide certain inheritance rights to family members. Disputes can arise regarding whether a property qualifies as homestead, how it should be distributed, or whether it can be sold to satisfy debts. Homestead disputes are common in probate litigation, particularly when there are multiple heirs or creditors involved.

How Kimberly Kiss Law Can Help

At Kimberly Kiss Law, our trust litigation attorneys provide skilled representation for those seeking to resolve disputes involving probate, trusts, and other fiduciary relationships. Below are the main services we offer in probate and trust litigation:

• Representation in Probate Disputes
  Our probate attorney is well-versed in Florida probate law and will provide the necessary support for clients facing probate disputes, including will contests and breaches of fiduciary duty.
• Trust Litigation Services
  Whether you are a trustee needing guidance or a beneficiary with concerns, our trust litigation lawyer will ensure that your rights are fully protected throughout the legal process.
• Fiduciary Litigation
  We assist clients with all forms of fiduciary disputes, whether it’s an executor who isn’t fulfilling their obligations or a trustee accused of acting improperly. Our estate planning attorney will diligently represent your interests.
• Guardianship Disputes
  Guardianship litigation can arise when there are questions about an individual’s capacity to manage their affairs or disputes over the appointment of a guardian. Our skilled probate attorney in Florida can help resolve these disputes effectively and fairly.

Choose Kimberly Kiss Law Today!

If you are dealing with a probate or trust dispute, Kimberly Kiss Law is ready to help you find the right path forward. Our skilled trust attorney is committed to providing you with the dedicated representation you need to protect your rights and interests. To schedule a consultation, reach out to Kimberly Kiss Law today at 407-802-4448.