Daytona Beach Florida Probate Lawyers and Attorneys
The Coleman Law Firm, PLLC
Main Office: 10161 Centurion Parkway N, Suite 310 Jacksonville, FL 32256
Telephone: (866) 510-9099
Daytona Beach Probate and Trust Litigation Attorneys and Lawyers

Daytona Beach Trust Litigation Lawyers 

Some people use trusts to provide for the distribution of their assets at death, or during life, rather than a will.  The primary difference in using a trust to provide for the disposition of assets, and using a will for that purpose, is that the administration of the will through probate is supervised by a Florida probate court.  The trustee named in the trust document typically handles the administration of the trust after the death of the trustmaker.

If you need an experienced Daytona Beach, Florida trust administration lawyer, or an attorney to help you with a trust probate, please call us toll free at 1-866-510-9099.

Other than avoiding the Florida probate process, the same principals of administration of trusts apply to the as are applicable to probate of wills.  A trust that is used to provide for the distribution of assets after death must be signed with the same formalities as a will.  The trustmaker (formally called the “grantor” or “settlor”) is subject to the same requirements for legal capacity, competence, and being free of undue influence, as a person making a will.  The language of a trust document, just as with a will, may be subject to varying interpretations.  The trust document is also subject to Florida’s elective share statutes.  The trustee of a trust owes the beneficiaries of the trust the same fiduciary duty
that a personal representative owes to the heirs and beneficiaries of a probate estate.

What is undue influence?

The trust litigation lawyers and attorneys at the Coleman Law Firm are experienced in the representation of trustees, beneficiaries, or others, who may challenge a trust or the actions of a trustee for any of the following reasons:

    1. Improper trust formation or failure to sign the trust with proper witnesses, notary, or other formal requirements as required by Florida trust law.

    2. Lack of capacity of the trustmaker

    3. Undue influence over the trustmaker

    4. Distribution of assets in violation of the Florida Trust Code, including the spousal elective share

    5. Judicial interpretation of unclear, confusing, or ambiguous language in the trust document

    6. Trust reformation or modification.  Under the Florida Trust Code (Chapter 736, Florida Statutes) a trustee, trustmaker, or trust beneficiary has the option to seek the modification or reformation of an existing trust - even when that trust is an irrevocable trust.  The trust code provides for both judicial modification and non-judicial modification, as well as the judicial approval of non-judicial modifications.  If you are the beneficiary of a trust that is no longer serving its purpose, or is being administered differently than you believe is the intent of the trust maker, such a modification or reformation may be the alternative available to you that will result in a more accurate interpretation of the trustmaker's intent upon establishing the trust.

7. Breach of fiduciary duty by the trustee for

        a. Failure to make proper or timely distributions

        b. Failure to make proper or timely accountings as required by the Florida Trust Code

        c. Failure to administer the trust in the manner required by the trust document

        d. Failure to follow the prudent investor rule or making improper investments

        e. Self dealing

        f. Excessive trustee compensation

A beneficiary, or prospective beneficiary, in
Florida, may also file a lawsuit against one who interferes with that beneficiary’s expected lifetime gift or inheritance at death. The prospective beneficiary must show that the deceased person had a specific intent to make the gift or distribution, and that the deceased person would have made the gift or distribution but for the actions of the other individual.

If you need an experienced Florida probate lawyer for representation in trust litigation, please call us toll free at 1-866-510-9099.

Florida Statutes provide that someone who successfully contests a trust, or the actions of a trustee, through trust litigation, generally can recover attorney’s fees and costs of litigation from the trust estate.

Daytona Beach t
rust litigation lawyers and attorneys usually represent those challenging a trust or its terms, or defend trustees of trusts, on an hourly rate fee basis.  In some circumstances, we may agree to represent someone contesting a trust, or the actions of a trustee, on a contingent fee basis.

If you feel you have a legitimate complaint about the actions of a trustee, or the terms of a trust, or whether the trust is valid under Florida law, or if you are a
who was not treated fairly by the terms of a trust, or if you are a trustee accused of improper conduct in the exercise of your trustee’s responsibilities, please call us toll free at 1-866-510-9099, or contact us  at The Coleman Law Firm, PLLCso that we can assist you in protecting your rights to your inheritance or your actions as a fiduciary.

This material represents general legal advice. Since the law is continually changing, some provisions may be out of date. It is always best to consult an experienced Florida trust litigation lawyer or attorney about your legal rights and responsibilities regarding your particular case.

Legal Notice and Disclaimer.  The materials within this website are for informational purposes only.  This information does not constitute legal advice and should not be relied upon by any individual.  Communication of this information is not intended to create, and receipt does not constitute, the establishment of an attorney-client relationship.  Internet users and readers should not act upon this information without first seeking professional legal counsel for your particular circumstances.  The information on this website is provided only as general information which may or may not reflect the most current legal information.


Florida Counties and cities in which Daytona Beach Florida probate lawyers and attorneys with The Coleman Law Firm, PLLC offer probate, probate litigation and trust litigation services:

Alachua County probate lawyers

Gainesville, Alachua, Hawthorne, High Springs, Waldo, Newberry, Micanopy


Panama City, Panama City, Beach, Lynn Haven, Youngstown


Macclenny, Glen Saint Mary


Starke, Brooker, Hampton


Cocoa, Cocoa Beach, Merritt Island, Titusville, Melbourne, Palm Bay, Cape Canaveral, Satellite Beach, Rockledge, Barefoot Bay, Indialantic, Malabar




Ft. Lauderdale, Davie, Sunrise, Weston, Coral Springs, Pompano Beach, Hollywood, Hallendale, Plantation, Dania Beach, Coconut Creek, Deerfield Beach, Lauderhill, Lighthouse Point, Margate, Miramar, Oakland Park, Pembroke Pines, Tamarac, Wilton Manors, Hillsboro Beach, Pembroke Park, Cooper City, Port Everglades, Sea Ranch Lakes, Southwest Ranches




Punta Gorda, Charlotte, Port Charlotte, Palm Island


Crystal River, Homosassa Springs, Inverness


Orange Park, Middleburg, Green Cove Springs, Keystone Heights, Penny Farms


Naples, Marco Island, Everglades City, Golden Gate, Immokalee, Palm River Estates, Ochopee


Lake City, Fort White


Arcadia, Brownville, Fort Ogden, Hull, Pine Level, Platt


Cross City, Horseshoe Beach, Old Town


Jacksonville, Jacksonville Beach, Atlantic Beach, Neptune Beach




Palm Coast, Flagler Beach, Bunnell, Beverly Beach, Marineland




Quincy, Chattahoochee






Port St. Joe, Wewahitchka


Jasper, White Springs




Clewiston, LaBelle


Brooksville, Weeki Wachi


Avon Park, Sebring, Lake Placid, Leisure Lakes


Tampa, Plant City, Temple Terrace, Apollo Beach, Brandon, Lutz, Ruskin, Sun City Center, Riverview, Dover, Thonotosassa, Ybor City



Indian River

Vero Beach, Indian River Shores, Fellsmere, Sebastian








Altoona, Clermont, Eustis, Fruitland Park, Lady lake, Leesburg, Minneola, Mount Dora, Tavares, Umatilla

Lee County

Fort Myers, Bonita Springs, Cape Coral, Fort Myers Beach, Sanibel, Boca Grande, Estero, San Carlos Park, Lehigh Acres, Waterway Estates




Bronson, Cedar Key, Chiefland, Williston, Yankeetown






Bradenton, Anna Maria Island, Bradenton, Holmes Beach, Longboat Key, Palmetto, Myakka City


Ocala, Leesburg, Belleview, Citra, Dunnellon, Salt Springs, Weirsdale


Stuart, Sewall’s Point, Hobe Sound, Jensen Beach, Jupiter Island, Ocean Breeze Park, Palm City


Miami, Coral Gables, Coconut Grove, South Miami, Kendall, Homestead, North Miami, North Miami Beach, Miami Beach, Hialeah, Miami Shores, Miami Lakes, Aventura, Bal Harbour, Bay Harbor Islands, Hialeah Gardens, Key Biscayne, Pinecrest, Surfside, Cutler Bay, Doral, Golden Beach, Indian Village, Islandia, Medley, Miami Gardens, North Bay Village, Sunny Isles Beach, Sweetwater, Virginia Gardens, Florida City, Goulds, Biscayne Park


Key West, Islamorada, Key Largo, Marathon, Big Pine Key, Key Colony Beach, Sugarloaf Key, Tavernier


Fernandina Beach, Amelia Island, Hilliard, Yulee, Callahan


Fort Walton Beach, Niceville, Cinco Bayou, Destin, Shalimar Valparaiso




Orlando, Lake Buena Vista, Apopka, Edgewood, Maitland, Ocoee, Windemere, Winter Garden, Winter Park, Zellwood


Kissimmee, St. Cloud, Celebration

Palm Beach

Palm Beach, West Palm Beach, North Palm Beach, Lake Worth, Boca Raton, Delray Beach, Boynton Beach, Greenacres, Highland Beach, Hypoluxo, Juno Beach, Jupiter, Lake Park, Lantana, Ocean Ridge, Palm Beach Gardens, Royal Palm Beach, Wellington, Pahokee, Tequesta, Riviera Beach, Loxahatchee, Manalapan, Ocean Ridge, Glen Ridge


New Port Richey, Bayonet Point, Gulf Harbors, Dade City, Holiday, Hudson, Land O’Lakes, Odessa, St. Leo, Zephyrhills


St. Petersburg, Clearwater, Dunedin, Gulfport, Largo, Oldsmar, Pinellas Park, Safety Harbor, Tarpon Springs, Treasure Island, Belleair, Madeira Beach, North Redington Beach, Seminole, Indian Rocks Beach                  


Lakeland, Auburndale. Bartow, Eagle Lake, Fort Meade, Haines City, Lake Alfred, Lake Wales, Winter Haven, Frostproof, Polk City, Highland Park, Indian Lake Estates


Palatka, Interlachen

Santa Rosa

Gulf Breeze, Milton


Sarasota, Longboat Key, North Port, Venice


Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford, Winter Springs

St. Johns

St. Augustine, St. Augustine Beach, Ponte Vedra Beach, Nocatee, Crescent City, Melrose, Pomona Park, Welaka

St. Lucie

Fort Pierce, Port St. Lucie


Wildwood, Bushnell, The Villages


Live Oak


Perry, Steinhatchee


Lake Butler


Daytona Beach, Ormond Beach, New Smyrna Beach, Deland, Deltona, Edgewater, Holly Hill, Ponce Inlet, Port Orange





DeFuniak Springs, Seaside




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