Category: Wills & Trusts

Many Florida trust disputes can be resolved without a trial through direct negotiation, mediation, greater financial transparency, or a written settlement agreement. Reaching an agreement outside the courtroom can give trustees and beneficiaries more control over the outcome while reducing the cost, delay, and conflict that often come with trust litigation.

Creating a revocable living trust is only part of the estate planning process. If you forget to fund your trust by transferring your assets into it, those assets may still have to pass through probate after your death, even though you created the trust to help avoid that outcome.

When the grantor of a revocable trust dies, the trust generally becomes irrevocable. Control passes to the successor trustee, who is responsible for managing the trust, paying valid debts and expenses when required, and distributing assets according to the trust's instructions. A properly funded revocable trust can also allow many assets to...

A pour-over will is a type of will designed to work alongside a revocable living trust. It directs any assets that remain outside your trust at death into the trust so they can be managed and distributed according to the trust's terms.

Many Florida estate plans include both a...

A testamentary trust is a trust created through your will that takes effect after your death. In Florida, these trusts are commonly used to manage and distribute assets for beneficiaries who may not be ready or able to handle an inheritance on their own.

Unlike a living trust, a...

A dynasty trust is a long-term trust designed to preserve and transfer wealth across multiple generations. These trusts can help families reduce transfer taxes, protect inherited assets from creditors, and create a structured plan for managing wealth over time.

For families with significant assets, a dynasty trust may provide...

A trustee breaches their fiduciary duty when they fail to act in the best interests of the beneficiaries or violate the terms of the trust. This can include mismanaging assets, acting in self-interest, or failing to provide required information to beneficiaries. When this happens, you may have the right to take legal...

When a trustee fails to follow the terms of a trust, beneficiaries have the right to demand compliance, request information, and take legal action if necessary. In Florida, trustees have a legal duty to act in the best interests of beneficiaries and to follow the trust document exactly as written.

You can remove a trustee in Florida if there is legal cause, such as a breach of fiduciary duty, failure to administer the trust properly, or unfitness to serve. In many cases, removal requires a petition to the court under Florida law, though some trusts allow for removal without court involvement.

Medical directives and living wills both guide your healthcare when you cannot speak for yourself, but they serve different roles under Florida law. A living will focuses on end-of-life treatment choices, while other advance medical directives determine who can make decisions and how broader medical care is handled. Understanding how these documents...