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Trust Litigation

Trust Litigation


Florida Trust Litigation attorney Reed Bloodworth, managing partner of Bloodworth Law, PLLC, represents plaintiffs, defendants, and non-parties, in legal actions involving trust contests, trustees, beneficiaries, heirs, guardians, and trust companies, including:

Trust Disputes: Beneficiaries challenging validity of a trust. Trustees obligated to defend a trust.
Undue Influence: Improper influence over a person to change a trust.
Lack of Capacity: Absence of mental capacity when a trust was executed.
Tortious Interference with a Testamentary Expectancy: Questionable, detrimental interference with a trust.
Accounting Actions: Assist beneficiaries petitioning court for trust assets accounting.
Trustee Misconduct or Breach of Fiduciary Duty: Prosecute beneficiaries’ claims. Defend fiduciaries with claims against them.
Trustee Removal/Breach of Fiduciary Duty: Prosecute claims by beneficiaries wishing to remove a trustee. Represent trustees defending against a removal action.
Lack of Execution Formalities: Challenges to whether a Florida trust was properly executed.
Trust Construction: Review of trust instruments for ambiguous or conflicting language.
Surcharge Actions: Represent beneficiaries bringing surcharge claims against trustees. Defend trustees against surcharge claims.

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Trust Litigation FAQs

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A trust is a legal creation that tells people what you want done with assets you place into that legal creation after you pass away. One of the big benefits of a trust is that often times 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 224 East Marks Street, 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

Orlando, Florida, Trust & Estate litigation attorney L. Reed Bloodworth 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 and yes, 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 had involvement that changed a trust through interactions with a parent or relative.

If you’re 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 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.

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 times it is a family member–was removed from a trust. Then, that person (who removed them) benefitted from it.

Other times, you may have to defend yourself against claims involving a trust if you’re 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 times 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 times plead them together. Those are:

  • Undue Influence
  • Lack of Capacity
  • Tortious Interference with a Testamentary Expectancy

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.

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 begins work immediately upon acceptance. Reed fights for the client’s case and towards 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’s involved.

If you are considering or are involved in a trust dispute, it’s important you understand 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 that is representing the trustee or the personal representative, is also representing them and their best interest. That is not the case.

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.

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’re 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 get answers to questions that you have.

It’s important to talk about what’s going on and explain the details of your situation to Reed. He’ll call you back during and, even after the usual work hours. In general, some of the toughest legal situations happen after 5 p.m. and on weekends. 407-777-8541 is his direct line.

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.

Other Services

Undue Influence
Lack of Capacity
Tortious Interference

Multiple Legal Fee Payment Options


Hourly Fee

Clients pay an hourly rate for a case.

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Hybrid Fee

Clients pay a combination of an hourly rate and a contingency fee for a case.

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Contingency Fee

Clients pay attorney fees after a case is completed and when it pays out. 

Contingency fee  means that the client pays legal fees when the lawyer and case brings in money from the legal actions taken. Reed immediately begins work on the case to pursue a legal action that will yield financial results. Clients meanwhile are not billed, have to write a check, or pay by credit card to get a case moving. Every case is reviewed and there is no guarantee that it will qualify or be accepted as a contingency fee case, but you will find out by talking with Reed.

Contingency fee cases are available for business litigation, probate litigation, and trust litigation cases.

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Flat Fee

Clients pay attorney fees for a project fee where an amount is set based on the work expected for a case.

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