Common Florida Trust Litigation And Estate Litigation Cases Part 1
Bloodworth Law Founder and CEO attorney Reed Bloodworth said that common Florida trust litigation and estate litigation cases include:
- Biological siblings left out of a will or trust by a step-parent
- Trustees accused of wrongdoing while performing trust orders or duties
- Disputes with a second or third wife or husband who removed children from an estate or a trust
Like most lawsuits, trust and estate litigation cases are not pleasant or easy to resolve, and only an experienced attorney should be consulted.
Since 2004, Reed has handled trust litigation and estate litigation cases for clients across the state and said “you should never wait to consult with an attorney because Florida has strict legal deadlines.” that must be followed after the death of a loved one.
Reed is a 2020-22 Florida U.S. News & World Report Trusts and Estates Litigation Best Lawyer®. Reed and the Bloodworth Law team represent trustees, beneficiaries, personal representatives, and corporate trustees involved in trust and estate litigation disputes.
Sibling Rivalry in Trust or Estate Litigation Cases
Estate and Trust Case Example No. 1
Reed explains that there is a lot of sibling rivalry that emerges during trust and estate litigation cases.
“For example, a mother passes away so some of her estate went to Dad who survived her,” Reed said. “And then, some of the rest of the estate was disbursed to the three kids.
“Later, one of the kids living near Dad is caring for and helping Dad who is now old, infirm, and has dementia requiring 24-7 care.
“However, just months before Dad dies, his will changes, and suddenly only one son is supposed to get everything: the son who has no contact with Dad.
“The equal thirds – one-third to each child – had been in place for 40 years which is shown in the consistent estate planning. But now, the will pulls his other two kids out of the will although they were supposed to get 33% each.
“Well, the mental incapacity of the father was confirmed by a medical exam. The brother and sister who had been cut from the will came to Reed because they had been removed from the will.
“In this case, the family was in Florida and another state. It involved three professional people — siblings who were simply trying to establish why the will had suddenly changed because it was a substantial estate.
Case Resolved: Will Was Reverted Back
“The outcome was changed and reverted back to where the children all received a part of the will because it was established that the mental capacity of the father had caused a change in a will that had been one particular way for more than 40 years.”
Estate And Trust Case Example No. 2
“In another case, there was an action that involved the value of the estate and trust that had been affected because of a bank employee who improperly dispersed advice that affected the value of a trust,” said Reed who represented and defended the trustee who was also the beneficiary of the trust.
“There was an advised action against a corporate trustee which was a bank. The dollar figures would have been six figures.
“But the bank gave incorrect advice pertaining to certain assets of the trust, namely stock. The bank valued it at a certain amount which was vastly incorrect.
“As a result of that, no estate tax return was filed because the bank told the trustee — who was also the personal representative of the trust — that no estate tax return was required.
“Not true,” Reed said. “This trust document created multiple sub-trusts and the funding of those sub-trusts was done incorrectly based upon the advice.”
Reed Settled This Trust and Estate Case
Reed was able to settle this trust and estate case without litigation and no lawsuit. It was settled pre-lawsuit and they were able to confront the bank with documents and e-mails to prove the case.
This case involved brothers and sisters in Florida who were just trying to figure out why the value of the trust had dropped to a lower level.
Every Trust or Estate Case Is Unique
When you get into a trust or estate legal dispute, remember that every case is unique. Your many questions have to be answered by an experienced trust litigation and estate litigation team.
Talk to Reed about your case and find out what the Bloodworth Law Trust Litigation and Estate Litigation Teams can do to help you, your family, or your business.Consider sharing this post