Law Offices of Frese, Whitehead & Anderson P.A.

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Trust litigation: What does it involve?

Trust litigation may erupt when the rights to a trust are not clear. An individual or a company, for example, could find that the language of the trust is ambiguous to the degree that its intentions are unclear -- or because one party is doggedly intent on interpreting the trust in an inappropriate manner.

At our firm, we are frequently tasked with analyzing and determining the true meaning of a trust and then defending our client's legal rights to the trust in court when necessary. The types of trust litigation scenarios we might represent could involve a trustee who controls and manages a trust for the benefit of the beneficiary. Perhaps this trustee is not managing and/or distributing the assets of the trust appropriately. In order for the beneficiary to safeguard his or her legal rights, it may be necessary to pursue a legal action.

In some cases of a trust dispute, the trustee is simply uninformed and/or doesn't understand the language of the trust. In other cases, the trustee is purposefully misappropriating funds and committing a breach of fiduciary duty that is harming the beneficiary. Still, in other scenarios, the trustee is being negligent in his or her trusteeship duties.

On the other side of the coin, our firm also represents trustees who have been inappropriately accused of mismanagement, negligence and/or impropriety. Our firm is well-versed in all areas of Florida trust law, and no matter what your situation happens to be concerning your trust, we can advise you of your legal rights and options and recommend ways to proceed with your case.

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