Florida Trust, Estate and Probate Litigation Attorneys
The attorneys in Morgan & Morgan’s Business Trial Group represent individuals who are owed inheritances (such as money, personal property or real estate) under trusts and wills. Our trust attorneys also represent beneficiaries in suits against trustees for mismanagement of assets and breaches of fiduciary duties. In some instances, we are able to resolve will and trust disputes before filing lawsuits. When litigation cannot be avoided, however, our attorneys aggressively assert their clients’ inheritance rights in the courtroom.Probate litigation and trust disputes can be prohibitively expensive for individuals paying high flat or hourly legal fees for a trust and estate lawyer. At the Business Trial Group, we believe a person’s financial resources should not limit their ability to achieve a just result in important and emotional legal matters. Because our attorneys handle will, trust, and probate disputes on a contingency-fee basis, our clients do not pay any up front legal fees and we do not charge any fee unless we successfully obtain a recovery.
To get in touch with Morgan & Morgan’s trust, estate and probate litigation attorneys today, contact us online or call us at 877-667-4265.
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Types of Trust and Estate Cases We Handle on a Contingency-Fee
Our accomplished attorneys have experience handing a wide range of trust, estate, and probate cases throughout Florida, including lawsuits involving allegations of:
Lack of Mental Capacity to Sign a Will: A person who is creating a will must be of sound mind and have the mental or testamentary capacity to understand the terms of the document. An individual lacks the mental capacity to create a valid will if he or she is not of sound mind at the time the will is signed. Florida courts apply the following three factors to determine if a person has a sound mind when signing a will:
The person signing the will must have a general understanding of the practical effect of the will as executed.
The person signing the will must understand his or her relationship to those family members who will receive property under the will.
The person signing the will must have the ability to understand the nature and extent of the property that is the subject matter of the will.
If a person signed a will or trust agreement while he or she lacked the mental capacity to do so, our trust and estate attorneys may be able to file a lawsuit on behalf of those who were defrauded.
Undue Influence: A will or trust agreement may be invalid if it was created under “undue influence.” State courts have defined undue influence to mean “over-persuasion, coercion, or force that destroys or hampers the free agency and will power” of the person who is creating the will or trust agreement. If a will or trust agreement was created under undue influence, our probate attorneys may be able to file a lawsuit on behalf of those deprived of an inheritance. The lawsuit will seek to invalidate the will and obtain damages against the person who tried to use undue influence to wrongfully receive money or property.
Breach of Fiduciary Duty: Trustees, guardians and personal representatives of estates are considered fiduciaries and, therefore, must act within the highest legal and ethical standards. These fiduciaries are required to administer estates and trusts:
Types of Trust and Estate Cases We Handle on a Contingency-Fee
Our accomplished attorneys have experience handing a wide range of trust, estate, and probate cases throughout Florida, including lawsuits involving allegations of:
Lack of Mental Capacity to Sign a Will: A person who is creating a will must be of sound mind and have the mental or testamentary capacity to understand the terms of the document. An individual lacks the mental capacity to create a valid will if he or she is not of sound mind at the time the will is signed. Florida courts apply the following three factors to determine if a person has a sound mind when signing a will:
The person signing the will must have a general understanding of the practical effect of the will as executed.
The person signing the will must understand his or her relationship to those family members who will receive property under the will.
The person signing the will must have the ability to understand the nature and extent of the property that is the subject matter of the will.
If a person signed a will or trust agreement while he or she lacked the mental capacity to do so, our trust and estate attorneys may be able to file a lawsuit on behalf of those who were defrauded.
Undue Influence: A will or trust agreement may be invalid if it was created under “undue influence.” State courts have defined undue influence to mean “over-persuasion, coercion, or force that destroys or hampers the free agency and will power” of the person who is creating the will or trust agreement. If a will or trust agreement was created under undue influence, our probate attorneys may be able to file a lawsuit on behalf of those deprived of an inheritance. The lawsuit will seek to invalidate the will and obtain damages against the person who tried to use undue influence to wrongfully receive money or property.
Breach of Fiduciary Duty: Trustees, guardians and personal representatives of estates are considered fiduciaries and, therefore, must act within the highest legal and ethical standards. These fiduciaries are required to administer estates and trusts:
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In good faith
In accordance with state law
In the interests of the beneficiaries
In accordance with the terms of the document
The Florida Trust Code sets forth the following standards of care that are applicable to personal representatives and trustees:
Duty of Impartiality: If there are two or more beneficiaries, a fiduciary must act impartially in administering property, giving due regard to the beneficiaries respective interests.
Duty of Prudent Administration: A fiduciary must administer a trust or estate as a prudent person would by considering the purposes, terms, distribution requirements, and other circumstances of the estate or trust. In satisfying this standard of care, the fiduciary must exercise reasonable care, skill and caution.
Duty to Account: A fiduciary must keep beneficiaries informed of the administration of the trust or estate and periodically provide an accounting of the assets in the trust.
Duty of Loyalty: Fiduciaries must act solely in the interests of the beneficiaries and refrain from actions that could create a conflict between their personal interest and their duties to the beneficiaries.
Our attorneys can hold fiduciaries that fail or neglect to manage assets with the utmost care and professionalism liable for breach of trust or fiduciary duty.
Our trust and estate attorneys also handle lawsuits involving:
Will forgery claims and other challenges to the validity of a will
Mistake in execution
Failure to comply with execution requirements
Interference with testamentary expectancy
Judicial modification of trusts
Challenging a Trustee
Inadequate formalities
Pursuing or preventing termination of trusts
Fraud
Removal of a fiduciary
Surcharge actions
Guardianship disputes
Misappropriation of trust assets
Spousal elective share litigation
Resignation or removal of trustees
Trust reformation or termination
Trust or Will construction
Determination of heirs
In addition to representing individual beneficiaries under trust agreements and wills, our attorneys also represent trustees of charitable and family trusts, as well as executors of estates.
With 17 offices in Florida, Morgan & Morgan is able to handle your trust, estate, or probate lawsuit in venues throughout the state, including Orlando, Tampa, Jacksonville, Miami, West Palm Beach, Fort Lauderdale, Fort Myers, Naples, Sarasota, and Tallahassee. And because our attorneys work on a contingency-fee basis, you will not pay any up-front legal fees and our fee will only come out of the recovery in your case. To speak with Morgan & Morgan’s trust, estate, and probate litigation attorneys, complete our contact form or call us at 877-667-4265 today.
Free Case Evaluation
Fill out this form for a FREE, Immediate, Case Evaluation
First Name:*
Last Name:*
Email:*
Phone Number:*
Zip Code:*
Case Details:*
By submitting this form I agree to the Terms of Use
Keep me informed about important consumer alerts.
In good faith
In accordance with state law
In the interests of the beneficiaries
In accordance with the terms of the document
The Florida Trust Code sets forth the following standards of care that are applicable to personal representatives and trustees:
Duty of Impartiality: If there are two or more beneficiaries, a fiduciary must act impartially in administering property, giving due regard to the beneficiaries respective interests.
Duty of Prudent Administration: A fiduciary must administer a trust or estate as a prudent person would by considering the purposes, terms, distribution requirements, and other circumstances of the estate or trust. In satisfying this standard of care, the fiduciary must exercise reasonable care, skill and caution.
Duty to Account: A fiduciary must keep beneficiaries informed of the administration of the trust or estate and periodically provide an accounting of the assets in the trust.
Duty of Loyalty: Fiduciaries must act solely in the interests of the beneficiaries and refrain from actions that could create a conflict between their personal interest and their duties to the beneficiaries.
Our attorneys can hold fiduciaries that fail or neglect to manage assets with the utmost care and professionalism liable for breach of trust or fiduciary duty.
Our trust and estate attorneys also handle lawsuits involving:
Will forgery claims and other challenges to the validity of a will
Mistake in execution
Failure to comply with execution requirements
Interference with testamentary expectancy
Judicial modification of trusts
Challenging a Trustee
Inadequate formalities
Pursuing or preventing termination of trusts
Fraud
Removal of a fiduciary
Surcharge actions
Guardianship disputes
Misappropriation of trust assets
Spousal elective share litigation
Resignation or removal of trustees
Trust reformation or termination
Trust or Will construction
Determination of heirs
In addition to representing individual beneficiaries under trust agreements and wills, our attorneys also represent trustees of charitable and family trusts, as well as executors of estates.
With 17 offices in Florida, Morgan & Morgan is able to handle your trust, estate, or probate lawsuit in venues throughout the state, including Orlando, Tampa, Jacksonville, Miami, West Palm Beach, Fort Lauderdale, Fort Myers, Naples, Sarasota, and Tallahassee. And because our attorneys work on a contingency-fee basis, you will not pay any up-front legal fees and our fee will only come out of the recovery in your case. To speak with Morgan & Morgan’s trust, estate, and probate litigation attorneys, complete our contact form or call us at 877-667-4265 today.
Free Case Evaluation
Fill out this form for a FREE, Immediate, Case Evaluation
First Name:*
Last Name:*
Email:*
Phone Number:*
Zip Code:*
Case Details:*
By submitting this form I agree to the Terms of Use
Keep me informed about important consumer alerts.
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