Daytona Beach Trust Litigation Lawyers
Some people use trusts to provide for the distribution of their assets at death, or during life, rather than a will. The primary difference in using a trust to provide for the disposition of assets, and using a will for that purpose, is that the administration of the will through probate is supervised by a
If you need an experienced Daytona Beach, Florida trust administration lawyer, or an attorney to help you with a trust probate, please call us toll free at 1-866-510-9099.
Other than avoiding the Florida probate process, the same principals of administration of trusts apply to the as are applicable to probate of wills. A trust that is used to provide for the distribution of assets after death must be signed with the same formalities as a will. The trustmaker (formally called the “grantor” or “settlor”) is subject to the same requirements for legal capacity, competence, and being free of undue influence, as a person making a will. The language of a trust document, just as with a will, may be subject to varying interpretations. The trust document is also subject to
What is undue influence?
The trust litigation lawyers and attorneys at the Coleman Law Firm are experienced in the representation of trustees, beneficiaries, or others, who may challenge a trust or the actions of a trustee for any of the following reasons:
1. Improper trust formation or failure to sign the trust with proper witnesses, notary, or other formal requirements as required by
2. Lack of capacity of the trustmaker
3. Undue influence over the trustmaker
4. Distribution of assets in violation of the Florida Trust Code, including the spousal elective share
5. Judicial interpretation of unclear, confusing, or ambiguous language in the trust document
6. Trust reformation or modification. Under the Florida Trust Code (Chapter 736, Florida Statutes) a trustee, trustmaker, or trust beneficiary has the option to seek the modification or reformation of an existing trust - even when that trust is an irrevocable trust. The trust code provides for both judicial modification and non-judicial modification, as well as the judicial approval of non-judicial modifications. If you are the beneficiary of a trust that is no longer serving its purpose, or is being administered differently than you believe is the intent of the trust maker, such a modification or reformation may be the alternative available to you that will result in a more accurate interpretation of the trustmaker's intent upon establishing the trust.
7. Breach of fiduciary duty by the trustee for
a. Failure to make proper or timely distributions
b. Failure to make proper or timely accountings as required by the Florida Trust Code
c. Failure to administer the trust in the manner required by the trust document
d. Failure to follow the prudent investor rule or making improper investments
e. Self dealing
f. Excessive trustee compensation
A beneficiary, or prospective beneficiary, in
If you need an experienced Florida probate lawyer for representation in trust litigation, please call us toll free at 1-866-510-9099.
Daytona Beach trust litigation lawyers and attorneys usually represent those challenging a trust or its terms, or defend trustees of trusts, on an hourly rate fee basis. In some circumstances, we may agree to represent someone contesting a trust, or the actions of a trustee, on a contingent fee basis.
If you feel you have a legitimate complaint about the actions of a trustee, or the terms of a trust, or whether the trust is valid under Florida law, or if you are a who was not treated fairly by the terms of a trust, or if you are a trustee accused of improper conduct in the exercise of your trustee’s responsibilities, please call us toll free at 1-866-510-9099, or contact us at The Coleman Law Firm, PLLC, so that we can assist you in protecting your rights to your inheritance or your actions as a fiduciary.
This material represents general legal advice. Since the law is continually changing, some provisions may be out of date. It is always best to consult an experienced
Legal Notice and Disclaimer. The materials within this website are for informational purposes only. This information does not constitute legal advice and should not be relied upon by any individual. Communication of this information is not intended to create, and receipt does not constitute, the establishment of an attorney-client relationship. Internet users and readers should not act upon this information without first seeking professional legal counsel for your particular circumstances. The information on this website is provided only as general information which may or may not reflect the most current legal information.
Florida Counties and cities in which Daytona Beach Florida probate lawyers and attorneys with The Coleman Law Firm, PLLC offer probate, probate litigation and trust litigation services:
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Alachua County probate lawyers |
Gainesville, Alachua, Hawthorne, High Springs, Waldo, Newberry, Micanopy |
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Bay |
Panama City, Panama City, Beach, Lynn Haven, Youngstown |
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Baker |
Macclenny, Glen Saint Mary |
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Bradford |
Starke, Brooker, Hampton |
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Brevard |
Cocoa, Cocoa Beach, Merritt Island, Titusville, Melbourne, Palm Bay, Cape Canaveral, Satellite Beach, Rockledge, Barefoot Bay, Indialantic, Malabar |
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Broward
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Ft. Lauderdale, Davie, Sunrise, Weston, Coral Springs, Pompano Beach, Hollywood, Hallendale, Plantation, Dania Beach, Coconut Creek, Deerfield Beach, Lauderhill, Lighthouse Point, Margate, Miramar, Oakland Park, Pembroke Pines, Tamarac, Wilton Manors, Hillsboro Beach, Pembroke Park, Cooper City, Port Everglades, Sea Ranch Lakes, Southwest Ranches |
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Calhoun |
Blountstown |
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Charlotte |
Punta Gorda, Charlotte, Port Charlotte, Palm Island |
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Citrus |
Crystal River, Homosassa Springs, Inverness |
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Clay |
Orange Park, Middleburg, Green Cove Springs, Keystone Heights, Penny Farms |
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Collier |
Naples, Marco Island, Everglades City, Golden Gate, Immokalee, Palm River Estates, Ochopee |
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Columbia |
Lake City, Fort White |
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DeSoto |
Arcadia, Brownville, Fort Ogden, Hull, Pine Level, Platt |
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Dixie |
Cross City, Horseshoe Beach, Old Town |
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Duval |
Jacksonville, Jacksonville Beach, Atlantic Beach, Neptune Beach |
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Escambia |
Pensacola |
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Flagler |
Palm Coast, Flagler Beach, Bunnell, Beverly Beach, Marineland |
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Franklin |
Apalachicola |
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Gadsden |
Quincy, Chattahoochee |
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Gilchrest |
Trenton |
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Glades |
Moorehaven |
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Gulf |
Port St. Joe, Wewahitchka |
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Hamilton |
Jasper, White Springs |
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Hardee |
Wauchula |
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Hendry |
Clewiston, LaBelle |
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Hernando |
Brooksville, Weeki Wachi |
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Highlands |
Avon Park, Sebring, Lake Placid, Leisure Lakes |
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Hillsborough |
Tampa, Plant City, Temple Terrace, Apollo Beach, Brandon, Lutz, Ruskin, Sun City Center, Riverview, Dover, Thonotosassa, Ybor City |
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Holmes |
Bonifay |
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Indian River |
Vero Beach, Indian River Shores, Fellsmere, Sebastian |
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Jackson |
Marianna |
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Jefferson |
Monticello |
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Lafayette |
Mayo |
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Lake |
Altoona, Clermont, Eustis, Fruitland Park, Lady lake, Leesburg, Minneola, Mount Dora, Tavares, Umatilla |
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Lee County |
Fort Myers, Bonita Springs, Cape Coral, Fort Myers Beach, Sanibel, Boca Grande, Estero, San Carlos Park, Lehigh Acres, Waterway Estates |
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Leon |
Tallahassee |
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Levy |
Bronson, Cedar Key, Chiefland, Williston, Yankeetown |
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Liberty |
Bristol |
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Madison |
Madison |
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Manatee |
Bradenton, Anna Maria Island, Bradenton, Holmes Beach, Longboat Key, Palmetto, Myakka City |
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Marion |
Ocala, Leesburg, Belleview, Citra, Dunnellon, Salt Springs, Weirsdale |
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Martin |
Stuart, Sewall’s Point, Hobe Sound, Jensen Beach, Jupiter Island, Ocean Breeze Park, Palm City |
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Miami-Dade |
Miami, Coral Gables, Coconut Grove, South Miami, Kendall, Homestead, North Miami, North Miami Beach, Miami Beach, Hialeah, Miami Shores, Miami Lakes, Aventura, Bal Harbour, Bay Harbor Islands, Hialeah Gardens, Key Biscayne, Pinecrest, Surfside, Cutler Bay, Doral, Golden Beach, Indian Village, Islandia, Medley, Miami Gardens, North Bay Village, Sunny Isles Beach, Sweetwater, Virginia Gardens, Florida City, Goulds, Biscayne Park |
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Monroe |
Key West, Islamorada, Key Largo, Marathon, Big Pine Key, Key Colony Beach, Sugarloaf Key, Tavernier |
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Nassau |
Fernandina Beach, Amelia Island, Hilliard, Yulee, Callahan |
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Okaloosa |
Fort Walton Beach, Niceville, Cinco Bayou, Destin, Shalimar Valparaiso |
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Okeechobee |
Okeechobee |
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Orange |
Orlando, Lake Buena Vista, Apopka, Edgewood, Maitland, Ocoee, Windemere, Winter Garden, Winter Park, Zellwood |
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Osceola |
Kissimmee, St. Cloud, Celebration |
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Palm Beach |
Palm Beach, West Palm Beach, North Palm Beach, Lake Worth, Boca Raton, Delray Beach, Boynton Beach, Greenacres, Highland Beach, Hypoluxo, Juno Beach, Jupiter, Lake Park, Lantana, Ocean Ridge, Palm Beach Gardens, Royal Palm Beach, Wellington, Pahokee, Tequesta, Riviera Beach, Loxahatchee, Manalapan, Ocean Ridge, Glen Ridge |
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Pasco |
New Port Richey, Bayonet Point, Gulf Harbors, Dade City, Holiday, Hudson, Land O’Lakes, Odessa, St. Leo, Zephyrhills |
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Pinellas |
St. Petersburg, Clearwater, Dunedin, Gulfport, Largo, Oldsmar, Pinellas Park, Safety Harbor, Tarpon Springs, Treasure Island, Belleair, Madeira Beach, North Redington Beach, Seminole, Indian Rocks Beach |
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Polk |
Lakeland, Auburndale. Bartow, Eagle Lake, Fort Meade, Haines City, Lake Alfred, Lake Wales, Winter Haven, Frostproof, Polk City, Highland Park, Indian Lake Estates |
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Putnam |
Palatka, Interlachen |
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Santa Rosa |
Gulf Breeze, Milton |
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Sarasota |
Sarasota, Longboat Key, North Port, Venice |
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Seminole |
Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford, Winter Springs |
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St. Johns |
St. Augustine, St. Augustine Beach, Ponte Vedra Beach, Nocatee, Crescent City, Melrose, Pomona Park, Welaka |
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St. Lucie |
Fort Pierce, Port St. Lucie |
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Sumter |
Wildwood, Bushnell, The Villages |
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Suwannee |
Live Oak |
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Taylor |
Perry, Steinhatchee |
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Union |
Lake Butler |
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Volusia |
Daytona Beach, Ormond Beach, New Smyrna Beach, Deland, Deltona, Edgewater, Holly Hill, Ponce Inlet, Port Orange |
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Wakulla |
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Walton |
DeFuniak Springs, Seaside |
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Washington |
Chipley |