Efficient Client Service in the Resolution of Trust Disputes
At Grumer & Macaluso, P.A., our lawyers help people understand their rights and responsibilities under Florida trust law. We also work on behalf of trustees, beneficiaries or other parties in interest to resolve disputes over the terms of a trust, the administration of its assets, or the termination of a trust. Contact our South Florida trust litigation attorneys in Fort Lauderdale for more information about the scope of our practice and our approach to client service.
In basic terms, a trust is a way of holding property that separates legal title to an asset from the beneficial interest of owning it. While the trust holds legal title to its assets, the rights and responsibilities of title are exercised by the trustee for the benefit of the persons named as beneficiaries. This division of legal title and beneficial interest can lead to misunderstandings that will sometimes wind up in probate court. These problems will often but not necessarily involve the trustee's adherence to the standards of fiduciary duty and performance owed to the trust's beneficiaries.
Examples of the more common points of dispute that can arise in trust creation, administration or termination include:
- Breach of fiduciary duty on the part of the trustee
- Trustee's conflict of interest with respect to the administration of trust assets
- Negligent waste or mismanagement of trust property, including poor maintenance of real property
- Abuse or misappropriation of trust property, including "loans" from the trust to the trustee
- Failure to deliver accounts or reports when due
- Delivery of inaccurate or fraudulent accounts or reports
- Replacement of the trustee upon death or incapacity or for poor performance
- Conflicts between income and remainder beneficiaries
- Disputes as to title to particular assets between a living trust administered by a successor trustee and a decedent's estate
- Reformation or modification of trust terms
- Disputes as to whether or how a trust should be terminated
Grumer & Macaluso's experience with trust and estate litigation enables us to resolve many disputes through negotiation without the need for court proceedings. If litigation cannot be avoided, however, our experience with Florida probate procedures and the proof of disputed facts can represent a significant advantage for our clients.
Fort Lauderdale Trust and Estate Litigation: Call 888-587-5549
While advocating vigorously for the interests of our client, whether trustee or beneficiary, our lawyers are careful to resolve trust disputes with full regard for the importance of protecting the value of the trust's assets. To learn more about our efficient and practical approach to trust litigation in South Florida, contact Grumer & Macaluso, P.A., in Fort Lauderdale.
