Living Trust Attorney in Naples

What Can Lead to a Florida Revocable Trust Dispute?

Under the Florida Trust Code, a settlor (the person who creates a trust) generally may revoke or amend a revocable trust unless its terms expressly make it irrevocable. Disputes can arise over whether an amendment was properly executed, whether the settlor understood the change, or whether another person improperly influenced the decision.

Florida law also establishes procedures for contesting a trust’s validity or revocation. Statutory time limits may apply after the settlor’s death, depending on factors such as the notices provided and the claim asserted. An early review can identify the provisions, documents, and dates that require attention.

Issues that may require legal evaluation include:

• Mental capacity: Whether the settlor understood the trust or amendment when it was signed.
• Undue influence: Whether another person improperly affected the settlor’s decisions.
• Execution: Whether the document satisfies applicable signing and witnessing requirements.
• Trust interpretation: Whether disputed language clearly directs the control or distribution of assets.
• Property ownership: Whether real estate, investment accounts, or other assets were properly associated with the trust.

A revocable trust isn’t automatically an asset protection device. During the settlor’s lifetime, property in the trust generally remains subject to the settlor’s creditors under Florida law. Creditor rights and administration issues depend on the specific property, obligations, and governing documents.

Trustee Duties & Beneficiary Rights

A trustee is a fiduciary who must administer trust property according to the governing terms and applicable duties. Concerns may include missing information, unexplained transactions, improper distributions, commingling, self-dealing, conflicts of interest, or failure to follow the trust’s instructions.

We handle claims involving individual trustees and corporate trust companies when wrongdoing or negligence is alleged. Our work across financial, investment, real estate, and business disputes is particularly relevant when trust administration involves substantial or difficult-to-trace assets.

A fiduciary dispute may require review of:

• The original trust and every available amendment.
• Trust accountings, bank records, and investment statements.
• Deeds, appraisals, and real property ownership records.
• Trustee notices, beneficiary requests, and related communications.
• Records of distributions, transfers, expenses, and compensation.

The appropriate response depends partly on whether the client is a beneficiary, current trustee, successor trustee, settlor, or another interested person. After reviewing the records and governing terms, we can assess whether negotiation, mediation, arbitration, a court petition, or litigation fits the circumstances.

When Trust Disputes Overlap With Collier County Probate

A trust dispute involving Naples or Collier County may overlap with probate litigation, guardianship concerns, creditor claims, or ownership questions involving Florida real estate.

The Collier County Clerk’s probate division serves Florida’s 20th Judicial Circuit and maintains records for formal and summary probate administration. Trust property and probate property aren’t necessarily the same. Probate generally concerns assets owned solely by a decedent or jointly without an automatic succession provision.

We work with Collier County procedures in estate matters involving investment portfolios and property in multiple locations. The trust terms, the settlor’s domicile, the location of the property, and the requested relief can affect where and how a dispute proceeds.