Trust Litigation Attorneys

A trust is often established to preserve family wealth, protect assets, and ensure a grantor’s wishes are honored. But disagreements over trust administration or interpretation can give rise to serious conflicts—and sometimes litigation.

We at the Mint Law firm understand how deeply personal and legally complex trust disputes can be. Our mission is to stand with trustees, beneficiaries, or other interested parties to secure fair outcomes, protect rights, and safeguard legacies.

What Is a Trust Dispute?

A trust dispute arises when one or more parties disagree about the trust’s terms, its administration, the actions of the trustee, or the circumstances surrounding the creation or modification of a trust. Common sources of conflict/causes of action include:

• Breach of fiduciary duty: Frequently center on allegations that a trustee mismanaged trust assets, made self-interested decisions, or failed to act in the best interest of beneficiaries.
• Interpretation disputes: Arise when beneficiaries or trustees disagree about what ambiguous or conflicting language in the trust means.
• Validity challenges: When a party claims that the trust was executed under undue influence, lack of capacity, fraud, or improper formalities.
• Failure to account: Florida law and most trust terms require yearly accountings to be provided to the beneficiary. Often, the trustee doesn’t even realize this important requirement, fails to do so, and the beneficiary consequentially has no information on how their trust is being managed.
• Trustee removal or modification: Sometimes individuals do not wish to or cannot continue to serve as trustee, which sometimes may require a Court to either terminate or modify the terms of the trust.
• Disputes over distributions: Beneficiaries may disagree with their trustee about timing, amounts, or approval of discretionary distributions under the trust’s terms.

Florida’s Legal Landscape for Trust Litigation

In Florida, trust law is governed largely by the Florida Trust Code (Florida Statutes, Chapter 736). The Code sets out the rights and duties of trustees and beneficiaries, mechanisms for court intervention, and rules for trust modification, termination, and remedies.

For example:

• Trustees are required to act in good faith, keep beneficiaries informed, and administer the trust in accordance with its terms and purposes.
• Beneficiaries have rights to request accountings, inspect documents, and challenge trustee conduct.
• The law provides for judicial proceedings to reform or modify a trust when circumstances change in ways the original trust could not anticipate.

The Trust Litigation Process

Trust litigation in Florida generally proceeds through the circuit civil or probate courts. The process can be broken into key stages:

1. Case evaluation: At the Mint Law Firm, we begin all matters by conducting an initial series of lengthy meetings to gather your side of the story and understand your goals. We will review your trust documents, financial records, communications, and other evidence that you possess to evaluate what your legal options are.
2. Initial demand letters: Most of our matters start with a simple demand letter. Sometimes a correspondence that communicates the issues and potential legal repercussions is enough to produce a resolution. If the letter or series of letters is ignored, then additional steps must be taken.
3. Pleading & court filings: When the demand letter(s) is ignored, a decision needs to be made whether to force compliance by way of filing a formal complaint or petition. Parties must be properly served and all procedural rules must be observed. This sometimes takes time.
4. Discovery: Once the opposing party has been served, trust litigation is similar to any other civil litigation matter. Initially, the parties conduct what is known as discovery, meaning relevant evidence and information is sought and exchanged by each party. Depositions frequently occur during this stage, meaning each side gets to ask the opposing parties questions in real time either in person or via Zoom.
5. Hearings, motions, and trial: If the case cannot settle, it proceeds to hearings and possibly trial. Expert witnesses, accounting analyses, and legal argument shape the outcome.

Throughout each step, it is essential to act with foresight, employing strategic decisions, managing deadlines, and advocating effectively.

How the Mint Law Firm Approaches Trust Disputes

At Mint Law Firm, our approach is built on strategic advocacy, communication, and client care:

• Experience in litigation and trusts: Having previously litigated as attorneys at some of the nation’s largest law firms, our legal team possesses decades of relevant high-stakes litigation experience. However, this experience alone is not enough. It takes knowledge of trusts and Florida trust law to make an effective and well-rounded practitioner in this discipline. We at the Mint Law Firm also construct and write trusts, meaning we possess an intimate knowledge of trusts from their creation through any eventual dispute.
• Tailored legal strategies: Instead of one-size-fits-all tactics, your trust litigation attorney at the Mint Law Firm will develop strategies suited to your role (trustee, beneficiary, or interested party) and your goals (removal, accounting, reform, recovery, etc.).
• Transparent communication: We pride ourselves on client interactions. With every case, we always seek to communicate clear explanations, provide regular updates, and employ collaborative decision-making.
• Vigorous court advocacy: When litigation is inevitable, we bring rigorous preparation, persuasive briefing, and courtroom presence to protect your interests. We have found that in practice, our work product is frequently much more detailed than our opponents’.

What Does Trust Litigation Cost?

Unfortunately, trust litigation, like most legal disputes, can be expensive. The total cost often depends on how aggressively the opposing party chooses to fight and the legal strategy required to achieve your goals.

At the Mint Law Firm, we are transparent about the financial realities of litigation and work closely with each client to structure a payment approach that aligns with their needs and circumstances. We’ve handled trust disputes that have been resolved after a single demand letter and others that have lasted for years due to complex facts or aggressive opposition. In most cases, however, disputes begin and conclude within approximately six to nine months.

To accommodate for different client situations, we offer three primary methods of funding trust litigation:

Hourly: Under the hourly model, our attorneys and professional staff bill for their time at established hourly rates, tracked in 0.1-hour increments. This arrangement typically requires an initial retainer, from which we bill as work is performed. You’ll receive detailed invoices every two weeks outlining all activity on your case. Most defendants in trust disputes—particularly trustees—use this traditional hourly structure. In some cases, a trustee defendant may be permitted to use trust funds to pay for their legal defense, depending on the trust’s terms and applicable law.

Contingency: We at Mint Law Firm fully understand that trust disputes often arise when clients do not have the financial means to pay hourly legal fees. For that reason, we have developed one of the largest contingency-based trust litigation practices in Central Florida. Under a contingency arrangement, clients pay little to no upfront fees. Our firm advances the necessary legal costs in exchange for a percentage of the recovery, typically 33%. This means that if we recover nothing, you owe us nothing. If we recover $1,000, our fee would be $333. This model allows individuals to pursue justice and accountability without the burden of upfront legal expenses

Hybrid: Some clients prefer not to enter a full contingency agreement—and that’s completely understandable. For clients who are able to contribute limited funds towards litigation, we offer a hybrid option that balances both approaches. Under this structure, our hourly billing rate is reduced by 50% and we take a smaller contingency interest—usually around 20%—in any funds recovered. This arrangement gives clients the benefit of a lower hourly rate while keeping our firm directly invested in achieving a successful outcome.

When to Seek Legal Counsel (Sooner than Later)

Trust disputes can be time-sensitive and legally complicated. Frequently, the disputes involve forensic accounting, which forces us to try and backtrace how funds were actually spent. Given this, you should seek experienced counsel as soon as you:

• Suspect the trustee is mishandling or misappropriating trust assets;
• Are not receiving requested accountings or trust information;
• Believe the trust document is ambiguous or has conflicting provisions;
• Think the trust was created or amended under undue influence, fraud, or incapacity;
• Are considering removal of a trustee or modification of the trust; or
• Are threatened with claims by other beneficiaries or interested parties.

Early legal involvement helps preserve evidence, meet procedural deadlines, negotiate strategically, and avoid unintended consequences.

Why Choose Mint Law For Your Trust Dispute

• • Statewide practice: Although we are based in Lakeland, Florida, our Trust Litigation practice encompasses most of the State of Florida. We have and are currently involved in trust-related disputes in numerous counties throughout the State of Florida.
  • Depth & breadth of experience: Mint Law draws on nearly 100 years of combined attorney experience across estate planning, probate, litigation, and family law.
  • Client-focused approach: We combine big-firm strategic thinking with small-firm accessibility and personalized attention.
  • Track record in trust disputes: The Mint Law Firm has successfully defended trustees from various fiduciary-related claims and has also recovered millions of dollars for its clients who have taken issue with the trust. Our secret is simple. We tend to research and write in depth – more so than the other side. With little way out from a legal perspective, the other side is more prone to settling early.
  • Comprehensive advocacy: Whether your goal is to negotiate a settlement, mediate, or go through full litigation, we’re prepared to help at every stage.

When trust disputes arise, the consequences can reach far beyond financial loss: they can strain family relationships, threaten legacies, and cause prolonged uncertainty. Having a seasoned legal advocate in your corner is critical.

If you believe you have a trust dispute—whether as a beneficiary, trustee, or interested party—don’t wait. Contact Mint Law Firm in Lakeland, FL for a confidential consultation. We’re ready to carefully evaluate your case, explain your options, and chart a path forward designed to protect your rights and your legacy.