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Tampa Asset Preservation Lawyer
When a loved one passes away, at some point in the future you may expect a share of the estate. Perhaps you have been appointed the personal representative or trustee of an estate. Unfortunately, both of these scenarios may result in others attempting to take what is rightfully yours or claiming you are taking what is theirs. This often results in litigation.
Sometimes these claims are intermixed in family law disputes – perhaps a soon-to-be-ex-spouse is the beneficiary or trustee of a trust – maybe one that he or she created just for this day! There are few others that can match our experience in this area. We have the expertise at Older Lundy Koch & Martino to pursue and defend these claims. Our experience will also allow us to guide you through the process and make the right decisions to get the best results. We have the skills and acumen to fight when necessary, along with the experience and mindfulness to avoid confrontation, if the circumstances will allow.lu
Rarely do things go as planned. A perfectly drafted trust or will may still create some chaos when finally implemented. Beneficiaries of a trust or will may argue over who is entitled to a particular piece of property or may argue over whether the trust or will is even valid or whether it was drafted under duress. Trust and Estate Litigation is the specialized practice of law involving the litigation of trust and estate issues. Our trust and estate litigators have the knowledge and resources to identify and resolve these disputes when they arise whether you’re suing someone or being sued.
Estates Lawyer Tampa
Florida Asset Preservation Law
Trust Litigation involves a wide variety of issues, some contentious and some peaceful. Sometimes we have to get the court involved with a trust to modify or terminate the trust because the purpose of the trust is no longer possible or has been accomplished or circumstances have dramatically changed and the trust beneficiaries wish to modify the trust.
However, sometimes we need to get the court involved for more adversarial reasons, including whether the trust instrument itself is valid or whether it was created under duress or if there are claims or defense of claims of breaches of fiduciary duties by the trustee. A trustee of a trust must abide by certain fiduciary duties, such as the duty of loyalty and the duty of care. These duties can be breached if the trustee abuses its authority as trustee or fails to fulfill the terms of the trust.
Estate litigation usually entails the interpretation or validity of a decedent’s will but can also involve beneficiaries feuding over estate assets, especially in an estate where the decedent had no will to instruct which beneficiary receives which property. This showcases the importance of having a valid and updated will.
Estate litigation can be exceptionally complex because of all the intricate rights afforded a beneficiary under the Florida Probate Code. Let our knowledgeable estate litigation attorneys inform you of your rights and your options to obtain the best resolution to any dispute, whether they involve allegations or protection from allegations of undue influence or fraudulent conveyances, and interpretation, advocacy, or defense of testamentary capacity and decedent’s intent. It’s important to select experienced counsel as these types of cases are fraught with procedural and ethical issues.