Even though wills and trusts are drafted so that a smooth transition is provided, it sometimes it ends up to be a source of contention among the beneficiaries. Contests of Wills and trusts usually appear when it seems to certain family members that they were wrongfully disinherited, or cut out of the trust. When a person finds themselves Persons in that position, they have a right to file an action in court to contest the will or trust. Then proceed with an attempt to have the will or trust declared void. It could be because either the testator lacked capacity, or the document was procured through “undue influence”, or through some other wrongdoing.
The experienced litigators at HARK │YON | MARMOR, PLLC have the knowledge of the trust and probate law absolutely necessary to successfully pursue these types of cases.
Under Florida law, a trustee owes the trust’s beneficiaries certain fiduciary duties of honesty, discretion and loyalty. When those trust litigation duties are breached by a trustee, an inheritance or distribution under the trust may be put in jeopardy. The attorneys of HARK │YON | MARMOR, PLLC represent beneficiaries and trustees having the following trust litigation issues and claims:
- Inappropriate investments
- Payment of excessive trustee fees
- Failure to make proper and timely distributions
- Interpretation of vague, unclear or ambiguous trust provisions
- Reformation or judicial amendment of a trust to address the settlor’s or grantor’s original intention when he or she created the trust