Trust Litigation in Florida. When a Trust Needs a Firm Hand (and a Clear Plan)
Trusts are designed to provide clarity, protection, and smooth transitions. But sometimes things do not go according to plan. A trustee may stop communicating. Financial decisions may look questionable. Beneficiaries may suspect that a vulnerable family member was pressured or misled.
When a trust dispute arises, it can bring administration to a standstill. Assets may sit frozen while deadlines approach. Distributions may be delayed, and family relationships can be strained. At Smith Will & Trust, we step in quickly to protect beneficiaries, guide trustees back into compliance, or seek their removal when necessary. Our attorneys use the Florida Trust Code (Chapter 736) to restore order so the trust can move forward.
What Kinds of Trust Disputes Do We Actually Solve?
Trust conflicts take many forms. Our team sees patterns, and we know how to address them under Florida law.
Breach of Fiduciary Duty
Trustees must act with loyalty, prudence, and impartiality. When a trustee favors one beneficiary over another, makes risky investments, or uses trust assets for personal benefit, it may be a breach of duty. Florida law allows beneficiaries to seek remedies for breach of trust, including damages and trustee removal.
Lack of Information or Accounting
Beneficiaries have a legal right to stay informed about trust assets and administration. Trustees must provide accountings and respond to reasonable requests for information. When reports are late or missing, we compel compliance, negotiate a resolution, or ask the court to order full disclosure.
Self-Dealing and Conflicts of Interest
Trustees cannot use trust property for personal gain. Transactions between the trust and the trustee, the trustee’s business, or a family member can create conflicts of interest. We review financial records, identify improper transactions, and ask the court to unwind or surcharge the trustee if needed.
Trust Contests, Capacity, or Undue Influence
Florida does not enforce “no-contest” or “in terrorem” clauses in trusts. If a settlor lacked capacity or was subject to undue influence, a trust or amendment can be challenged. We build a case by gathering medical evidence, witness testimony, and financial records to prove or defend the trust’s validity.
Trustee Removal or Suspension
Courts can remove a trustee when it serves the best interest of the beneficiaries and does not violate the trust’s purpose. We file petitions to suspend or remove trustees who fail to perform, commit fraud, or otherwise jeopardize trust assets.
What Does the Court Actually Do in Trust Cases?
Florida courts have broad authority under the Florida Trust Code. Depending on the facts, a judge can:
- Compel a trustee to perform duties that were ignored.
- Enjoin a trustee from committing further breaches.
- Order a full and detailed accounting of trust assets.
- Suspend or remove a trustee and appoint a qualified successor.
- Award damages or order a trustee to restore mismanaged funds.
Time matters. Florida has strict statutes of limitation for bringing breach-of-trust claims. Waiting too long can permanently bar recovery. Our firm moves quickly to investigate and file before the window closes.
How We Move Fast (Our Step-by-Step Approach)
We know that trust disputes are stressful, so we keep our process clear and focused on resolution.
Triage and Freeze Risk:
We review the trust, collect financial records, and take urgent steps to prevent further harm. If needed, we seek emergency court orders to freeze accounts or suspend trustee powers.
Map the Issues :
We identify what duties were breached, who is affected, and what remedies are available under Chapter 736.
Demand, Negotiate, or File :
Many disputes can be resolved without a trial. We send formal demands, mediate disputes, or, when necessary, file petitions supported by a clear theory and evidence.
Remedy and Handoff:
We pursue accountings, trustee removal, damages, or negotiated settlements. Once the trust is back on track, we provide guidance to keep it running smoothly going forward.
This approach minimizes disruption and legal costs while protecting beneficiaries.
Why These Cases Require Experienced Counsel
Trust litigation is one of the most complex areas of Florida law. It combines elements of probate procedure, fiduciary duty, and financial forensics. A poorly handled trust dispute can:
- Drain trust assets through attorney fees and delays.
- Leave beneficiaries waiting years for distributions.
- Create permanent family conflict that outlives the case.
Our team balances efficiency and accountability. We understand the Florida Trust Code, but we also know how to work with trustees, banks, and courts to get timely results. Our courtroom experience means we can push for resolution while being prepared to litigate if negotiations fail.
The Human Side of Trust Litigation
Legal disputes are not just about money. They affect relationships and family dynamics. We aim to reduce conflict where possible, using mediation and clear communication to keep beneficiaries focused on solutions. At the same time, we stand firm when misconduct threatens the trust’s purpose.
Who We Represent
- Beneficiaries: Seeking information, distributions, or protection from trustee misconduct.
- Trustees: Who need guidance to perform their duties properly and avoid liability.
- Co-Trustees: In conflict with one another about how to administer the trust.
- Successor Trustees: Who need help stepping in after a removal or resignation.
- Out-of-State Beneficiaries: Managing Florida trust interests from a distance.
Signs You May Need a Trust Litigation Attorney
- The trustee has stopped responding to emails or calls.
- Accountings are missing, unclear, or years overdue.
- Assets have disappeared or been sold under suspicious circumstances.
- A family member amended the trust shortly before death.
- Distributions are delayed without explanation.
If you recognize one or more of these warning signs, legal advice can prevent further damage and protect your rights.
Where We Meet (and Who to Call)
We serve clients across Tampa Bay and Central Florida. We also represent out-of-state beneficiaries who need a Florida trust litigation lawyer to protect their rights locally.
- Tampa Office: 4830 W. Kennedy Blvd., Suite 600, Tampa, FL 33609
- St. Petersburg Office: 360 Central Ave., Suite 800, St. Petersburg, FL 33701
Practical FAQs
Can a trustee be removed without “blame”?
Yes. Florida law allows trustee removal when it best serves the beneficiaries and does not violate the trust’s material purpose, even without proven misconduct. This is often used when a trustee is simply unresponsive or overwhelmed.
Are beneficiaries entitled to information?
Absolutely. Trustees must keep qualified beneficiaries reasonably informed and provide regular accountings. Failure to do so can result in a court order and, in some cases, trustee removal.
Are no-contest clauses enforceable in Florida?
No. Florida statutes make “in terrorem” clauses unenforceable. Beneficiaries cannot lose their rights for contesting a trust in good faith.
How long do I have to bring a claim?
Deadlines vary depending on whether a statutory limitation notice was sent, but the window can be as short as six months for certain claims. Early legal action preserves options and prevents forfeiture.