Trust and Probate Litigation - PTM

What is Trust and Probate Litigation?

When disputes arise over the distribution or management of a deceased person's assets, trust or probate litigation may become necessary. This type of litigation involves challenging the validity of a trust or will, disputing the interpretation of the terms of a trust or will, or suing a fiduciary for breach of his or her fiduciary duty.

Probate and estate litigation typically occurs within the probate proceedings. This includes disputes related to the person’s will or creditor claims, where someone seeks repayment for a debt owed by the deceased. Trust litigation, however, focuses on conflicts related to the decedent’s trust and is a separate legal action. It does not take place within probate proceedings concerning a will.

PTM Provides Trust and Probate Litigation Services in the Following Areas

Trust and Probate Litigation in Gainesville, FL

We are happy to meet with any of our clients in our office located in Gainesville, FL. The office is found off of Tower Road. Please make an appointment for your visit.

Trust and Probate Litigation all throughout the State of Florida

We are happy to meet with you either by phone or over zoom if you are not in the Gainesville area. Trust and Probate Litigation does not require in person conversations with a law firm; we represent clients from all across the state of Florida.

Trust and Probate Litigation FAQ

What are the grounds for contesting a will or trust?

A will or trust can be contested on several grounds, such as undue influence, fraud, lack of mental capacity, improper execution, or the existence of a more recent will or trust document.

Who can file a trust or probate lawsuit?

Typically, beneficiaries, heirs, trustees, or executors can initiate litigation if they believe they have been wronged by the administration of a trust or estate, or if they contest the validity of the documents.

What happens if a will is found to be invalid in probate litigation?

If a will is found to be invalid, the estate may be distributed according to a prior valid will, or if none exists, under the state’s intestacy laws, which determine how assets are distributed among heirs when there is no valid will.

What is a fiduciary duty in the context of a trust or estate?

A fiduciary duty is the legal obligation of trustees or executors to act in the best interests of the beneficiaries or heirs. This includes managing assets prudently, avoiding conflicts of interest, and adhering to the terms of the trust or will.

What happens if a trustee breaches their fiduciary duty?

If a trustee breaches their fiduciary duty, they can be held personally liable for any losses to the trust. Beneficiaries may sue the trustee to recover damages, remove the trustee, or compel them to account for their actions.

Can a trustee be removed?

Yes, a trustee can be removed for a variety of reasons, including breach of fiduciary duty, incapacity, failure to administer the trust effectively, or conflicts of interest. Removal often requires court intervention.

Can trust or probate litigation be avoided through mediation or settlement?

Yes, many trust and probate disputes are resolved through mediation or negotiated settlements. Courts often encourage parties to settle outside of court to avoid the time, expense, and emotional toll of litigation.

Contact a Trust and Estate Litigation Attorney for a Free Consultation

PTM Trust and Estate Law is happy to answer your questions about trust and estate litigation. Please call 352-554-5576 or contact us online to schedule a free consultation. If you do not live near Gainesville, then we will be happy to schedule a free phone meeting instead. We help clients all throughout the state of Florida.