How a person’s estate is distributed and managed can impact a large number of people. This is especially true when the estate involves the administration of a trust. Disagreements can quickly arise over the meaning of the trust, whether or not property should be included in the instrument, and the conduct of the trustee. In such situations, it is important that aggrieved beneficiaries take quick action or else the trust’s assets may be squandered. Retaining an attorney to assist you is an important first step. Lindsey Gardner Shneyder is a Melbourne trust & inheritance dispute lawyer who handles such matters. Contact our office today to schedule an initial consultation.
Attorney representing Florida residents in inheritance disputes involving a trust
A trust is an estate planning instrument in which a person (the “grantor”) places their assets into it. This person typically serves as their own trustee. After their passing, a “successor trustee” is named and is required to follow the terms of the trust in terms of asset management, distributions, or winding down the trust and distributing all assets. Disputes which arise can involve the conduct of the successor trustee, whether or not property was actually transferred to the trust, as well as the meaning of the instrument itself. Remedies can range from declaring a trust invalid, to removing the successor trustee, to a specific ruling about a specific asset. The type of relief granted by a court, if any, will always depend on the specific claims.
The process of challenging a trust in Florida begins by filing a Petition with the Probate Court. Such a claim may only be brought by a person with “standing” to do so. Those who have standing include persons with an interest in the trust, an interest in a prior trust, the trustee, or the grantor. Once the Complaint is filed, the Court may stay the administration of the trust so that any disputes may be resolved. Each side will have the opportunity to conduct discovery to gain relevant information and, if a settlement is not reached, the case will be decided at a trial. Handling such matters can quickly become complicated and it is important to have an experienced attorney on your side.
Lindsey is a Melbourne attorney assisting Florida residents in inheritance disputes which involve a trust. She will use your initial consultation to review copies of the trust and to give you an honest assessment of the situation. Sometimes disputes can be resolved without resorting to litigation. If this is possible then it may save time and money for those wishing to bring a challenge. If an out-of-court resolution is not possible then Lindsey will quickly file a case on your behalf. She will be in regular contact with you throughout the process and will make sure that you know what to expect as the process moves forward. We understand that this is a stressful time in your life. We are here to provide quality representation.
Melbourne lawyer providing quality representation to those who are disputing a trust
Issues surrounding a trust can be highly complicated and specific. Disagreements may arise over the meaning of a single word in the instrument. In some circumstances, the successor trustee may be blatantly violating the terms of the trust. Whatever the situation, it is important that one have quality representation. Lindsey is a former prosecutor and a regular litigator. She will make sure that your rights are protected from beginning to end. Contact us online or by telephone for an appointment.
Our lawyer also services Florida clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid. We are also able to virtually work with clients throughout the state.