Determined Florida Litigation Firm Handles Trust Conflicts

Skilled lawyer represents clients in the Palm Beach Gardens area during inheritance disputes

Trusts are often established with the goal of providing beneficiaries with financial security and stability. When questions arise about the validity or management of a trust, the opposite may result. Lawrence Duffy, P.A. represents grantors, trustees and beneficiaries who want to ensure that assets are distributed as they should be. If you suspect that a trust is being mismanaged, you have a right to raise your issue and seek remedy. Similarly, trustees are entitled to vigorously defend themselves against accusations of incompetence or unlawful conduct. Our attorney helps clients in the Palm Beach Gardens area and throughout Florida to seek favorable resolutions to trust disputes.

Experienced attorney advises clients on trust challenges

There are several bases for contesting the terms of a trust. If you wish to make a challenge, or if one has been brought against you, it is important to understand the legal foundations of your case. Reasons for disputing the validity of a trust include:

• Lack of capacity — This ground alleges that the person who created the trust was not of sound mind at the time it was created.
• Undue influence — Trust documents might be invalid if a person with access to and power over the grantor (the creator of the trust) used emotional manipulation to gain special consideration in the estate plan.
• Fraud — This ground alleges the grantor was deceived about the terms of the trust at the time that documents were drawn up, or that his or her signature was forged.
• Ambiguity — If the language included in trust documents can be interpreted in more than one way, a beneficiary may ask a court to determine the interpretation that should be enforced. A challenger can seek to prevent all or part of the trust from being implemented.

It is important to note that disappointment is not a valid reason for an heir to challenge a trust. All challenges must be supported by reliable evidence. At Lawrence Duffy, P.A., our lawyer can advise you on the validity of your challenge and can work to help you resolve your issues.

Accomplished counselor handles breach of fiduciary duty claims

All trustees are fiduciaries, which means they have a duty to manage the assets of the trust according to the grantor’s wishes and for the benefit of the beneficiaries. Fiduciaries must act in total accordance with the terms of the trust so that assets are not lost due to waste, fraud, misallocation or mismanagement.

Beneficiaries may challenge alleged misconduct and demand a full account of a trustee’s actions. At Lawrence Duffy, P.A., we have experience on both sides of trust conflicts. Our firm has associations with forensic accountants who can render accurate assessments of asset management and help assemble evidence to prove or refute allegations.

Contact an established Florida trust litigation firm

Conflicts among beneficiaries and fiduciaries can be damaging if they are not managed by an experienced and knowledgeable lawyer. Lawrence Duffy, P.A. provides capable trust litigation to clients throughout Florida. Call us today at 561-467-6042 or contact us online to schedule a free consultation at our Palm Beach Gardens office.