Polk County’s Premier Trust Litigation Attorneys
Mint Law specializes in trust litigation. With a dedicated team of legal professionals focused exclusively on trust and probate matters, our extensive experience and in-depth understanding of the complexities surrounding trust disputes allow us to provide you with expert guidance and effective representation. Whether you’re facing issues related to trust administration, beneficiary rights, or contested wills, we have the knowledge and commitment to protect your interests. Trust Mint Law Firm to navigate these sensitive legal matters with the utmost professionalism and care, ensuring your rights and legacy are safeguarded.
Frequent Disputes Related to Trusts
One of the fundamental principles in trust litigation is the role of the trustee. Under Florida law, the trustee is considered the real party in interest in litigation involving trust property. This is because the trustee holds legal title to the trust property, possesses it, and has the necessary powers of management and control to ensure the trust property is productive and safe. The trustee’s duties include taking reasonable steps to enforce claims of the trust and to defend claims against the trust.
Trust litigation often involves disputes over the validity of a trust. These matters often center on issues such as the mental capacity of the settlor at the time of the trust’s creation, allegations of undue influence, and the proper execution of the trust documents. Typically, these issues arise when beneficiaries or other interested parties challenge the legitimacy of the trust, arguing that the settlor did not have the requisite mental capacity or was unduly influenced by another party. Additionally, questions about whether the trust was executed in accordance with Florida law can also lead to litigation.
Disputes involving the actions of a trustee often focus on whether the trustee has fulfilled their fiduciary duties, which include managing the trust assets prudently, acting in the best interests of the beneficiaries, and adhering to the terms of the trust. Beneficiaries may challenge the trustee’s decisions, alleging mismanagement, conflicts of interest, or failure to provide necessary information.
Rights of beneficiaries, including entitlement to trust distributions, the right to receive accountings from the trustee, and the enforcement of the terms of the trust are also issues that we see litigated. Beneficiaries may challenge the trustee’s actions or inactions, alleging breaches of fiduciary duty, mismanagement of trust assets, or failure to adhere to the trust’s provisions. These disputes require a detailed examination of the trust document, the trustee’s conduct, and the applicable legal standards to determine if the beneficiaries’ rights have been violated and what remedies are appropriate.
How Much Does Trust Litigation Cost
The answer to this question depends on the specific facts of the case. But in general, we at Mint Law Firm refer to trust litigation as a pretty significant matter. This is because the litigants are frequently family members, close friends, or know each other on a personal level. In these cases, emotions tend to run high, sometimes complicating settlement efforts and lengthening the time of the matter.
Mint Law Firm offers two flexible fee structures to accommodate the unique needs of each client: hourly and contingency. With the hourly fee structure, clients are charged based on the time spent working on their case, providing transparency and control over costs. Alternatively, under a contingency fee arrangement, our firm only gets paid if we win your case, taking a percentage of the settlement or judgment. This option ensures that you can pursue your probate matter without worrying about upfront costs, as our success is directly tied to your outcome. Our attorneys will discuss both options with you and determine the best approach based on your specific circumstances and legal goals.
Mint Attorneys Can Assist With Your Trust Litigation Matter
At Mint Law Firm, we understand that trust litigation can be emotionally and financially challenging, which is why we offer unique fee arrangements, including no out-of-pocket cost contingency options. Our dedicated team of legal professionals, with specialized expertise in trust and probate matters, is committed to providing personalized and effective representation. You can trust us to handle your case with the utmost care and attention, ensuring your interests are protected throughout the process. With our tailored approach and flexible fee structure, Mint Law Firm is the trusted choice for clients seeking resolution in trust litigation matters.