Trust litigation
The Bloodworth Law Trust Litigation Team represents defendants and plaintiffs in cases including:
Trustee Defense: Defense of trustees accused of wrongdoing while performing trust orders, duties or responsibilities.
Breach of Fiduciary Duty: Defense of trustees facing claims against them, or pursuit of beneficiaries’ claims against a trustee, that improper or ineffective trust management occurred.
Undue Influence: Exerting improper influence over a person with the intention of getting them to change a trust in favor of another person’s or organization’s benefit.
Lack of Capacity: The absence of mental capacity when a trust was executed.
Accounting Actions: Defense of trustees accused of wrongdoing, or assisting beneficiaries petitioning the court for trust assets accounting.
Tortious Interference with a Testamentary Expectancy: Questionable, detrimental interference with a trust.
Trust Litigation FAQs
(Click to expand)
What’s a Trust?
A trust is a legal creation that tells people what you want done with your assets after you die. One of the big benefits of a trust is that often it does not have to be submitted to the court for probate. What is trust and estate litigation?
Reed Bloodworth is the founding partner of Bloodworth Law PLLC, located at 801 N. Magnolia Ave., Suite 216, Orlando, Florida, 32803. Talk with Reed about what’s happened to you. If you’re experiencing a potential litigation problem with a trust such as:
- Undue influence
- Lack of capacity
- Tortious interference with a testamentary expectancy
Problems as a Beneficiary?
Trust & Estate litigation attorney L. Reed Bloodworth of Orlando, Florida, explains the legal actions that may be taken by a beneficiary who is removed from a trust.
Often, these trust issues come as a surprise to the family. Maybe a trust was executed by a parent with dementia or by family member who has Alzheimer’s. It can be alarming, but it can be addressed legally.
In some cases, you may feel or believe that there was outside or undue influence applied by a family member or an unknown person who influenced a parent or relative to change their trust.
If you are a beneficiary, or were a beneficiary in a trust and were removed for any reason, give Reed a call. Find out if you have legal grounds for pursuing litigation. Reed is able to take trust litigation cases on a contingency fee basis or an hourly basis if a case is accepted.
To clarify, a trust litigation lawyer does not write or establish trusts or planning. Trust litigation is legal action against a beneficiary, or against someone who has tried to change a trust, or can defend a beneficiary or a person named in a trust.
Attorney Reed Bloodworth handles trust litigation, lawsuits and legal action taken when a plaintiff or a defendant has issues surrounding a trust.
Do You Have a Trust Litigation Case?
A trust litigation case arises when someone who was or should have been a beneficiary for a trust, through some act of another person — often a family member — was removed from a trust. Then, that person (who removed them) benefited from it.
Or, you may have to defend yourself against claims involving a trust if you are accused of illegal acts. Trust litigation is an area of law that can become combative and emotional for family members and siblings.
Trust litigation is legal action involving someone’s trust. Reed Bloodworth represents personal representatives and beneficiaries — or people who should be beneficiaries — in trust litigation. This means that he will represent a defendant or a plaintiff in a case.
A typical scenario for trust litigation involves an elderly or very sick person often suffering from illness, dementia, or Alzheimer’s. They are changing their trust at the end of their life. And that change results in a pretty substantial change to who the beneficiaries are.
There are three very common types of causes of action in trust litigation and they often plead them together. Those are:
- Undue Influence
- Lack of Capacity
- Tortious Interference with a Testamentary Expectancy
Trust Lawsuits are Emotional
When a dispute over family inheritance, a trust, where money, land and assets are involved, emotions run high for included — but especially excluded — beneficiaries.
Florida trust litigation lawyer Reed Bloodworth sees a wide range of trust legal issues, most of which involve a family member that is no longer a beneficiary in a trust.
Even loving family members may turn against each other over money and inheritance. Additionally, a death can cause siblings, relatives and in-laws to become emotional and in the heat of arguments make accusations when there are surprises in a trust.
Sort Out the Issues
By talking with an experienced trust lawyer, all the issues can be handled legally through a negotiated resolution or, if necessary, a lawsuit. Each party involved in a trust dispute may hire a lawyer, or parties may hire a trust lawyer to sort things out before litigation becomes necessary.
If a lawsuit is the only resolve as seen by all parties or even one party involved in a trust dispute, then, attorney Reed Bloodworth can begin litigation. However, lawsuits are costly and factor into the client’s decision. A beneficiary should speak at length with Reed to discuss the case and get answers to questions about what is involved in a trust lawsuit or litigation.
Contingency fees mean that a client’s payments are contingent upon or based on settling or receiving a financial court decision or settlement. This means that Reed’s clients whose cases are accepted require no money upfront, no big check or down payment to get the case started. There is no monthly bill paid to move the case forward.
Ultimately, by working with trust litigation attorney Reed Bloodworth, the case starts immediately upon acceptance. Reed fights for the client’s case and toward the desired result that is paid for when and only if the case pays out.
Not every law firm can offer clients the benefit of paying through contingency fees. But Reed Bloodworth can provide this benefit. Reed works extensively on trust cases and has years of experience in litigation. Reed handles many trust lawsuits and will walk clients through the process so that they understand what is involved.
Who Does the Trustee Attorney Represent?
If you are considering or are involved in a trust dispute, it’s important you understand that the trustee’s attorney represents only the trustee — not the beneficiaries.
The trustee’s attorney represents the trustee and the trustee only.
It is unfortunate, but many beneficiaries or would-be beneficiaries believe that the attorney who is representing the trustee or the personal representative is also representing them and their best interest. That is not the case.
When to Hire a Trust Litigation Attorney
Are you having issues with a trustee, with a beneficiary, or with a personal representative? If you believe you have been improperly removed from a trust, you need your own independent counsel to represent your interests.
The attorneys for the personal representative or the trustee are only representing that side, not you. When you know you need help, hiring a qualified attorney to represent you will help alleviate the pressure brought on by such an emotionally charged situation.
Consult with Reed on Your Trust Case
It’s a good idea to consult with attorney Reed Bloodworth on your trust case. As soon as you know that there is going to be an issue, whether you are a plaintiff or a defendant, talk to Reed.
Reed Bloodworth is a top Florida trust litigation lawyer and someone you will be able to understand and who can provide answers to your questions.
It’s important to talk about what’s going on and to explain the details of your situation to Reed. He will call you back during, and even after, the usual work hours. Some of the toughest legal situations can happen after 5 p.m. and on weekends. His direct phone number is (407) 777-8541.
Don’t wait until you or your family members are unable to talk calmly with each other about a trust, let alone reason with each other, about the legal issues and procedures involving a family trust.
Latest posts
