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Trust Litigation

Determined Florida Litigators Handle Trust Conflicts

Skilled lawyers represent clients in the Palm Beach area during inheritance disputes

Trusts are often established with the goal of providing beneficiaries with financial security and stability. When questions arise about the validity or management of a trust, the opposite may result. O'Connell & Crispin Ackal, PLLC represents grantors, trustees and beneficiaries who want to ensure that assets are distributed as they should be. If you suspect that a trust is being mismanaged, you have a right to raise your issue and seek remedy. Similarly, trustees are entitled to vigorously defend themselves against accusations of incompetence or unlawful conduct. We help clients in the Palm Beach area and throughout Florida to seek favorable resolutions to trust disputes.

Experienced attorneys advise clients on trust challenges

There are several bases for contesting the terms of a trust. If you wish to make a challenge, or if one has been brought against you, it is important to understand the legal foundations of your case. Reasons for disputing the validity of a trust include:

  • Lack of capacity — This ground alleges that the person who created the trust was not of sound mind at the time it was created.
  • Undue influence — Trust documents might be invalid if a person with access to and power over the grantor (the creator of the trust) used emotional manipulation to gain special consideration in the estate plan.
  • Fraud — This ground alleges the grantor was deceived about the terms of the trust at the time that documents were drawn up, or that his or her signature was forged.
  • Ambiguity — If the language included in trust documents can be interpreted in more than one way, a beneficiary may ask a court to determine the interpretation that should be enforced. A challenger can seek to prevent all or part of the trust from being implemented.

It is important to note that disappointment is not a valid reason for an heir to challenge a trust. All challenges must be supported by reliable evidence. The lawyers at O'Connell & Crispin Ackal, PLLC can advise you on the validity of your challenge and can work to help you resolve your issues.

Accomplished counselors handle breach of fiduciary duty claims

All trustees are fiduciaries, which means they have a duty to manage the assets of the trust according to the grantor’s wishes and for the benefit of the beneficiaries. Fiduciaries must act in total accordance with the terms of the trust so that assets are not lost due to waste, fraud, misallocation or mismanagement.

Beneficiaries may challenge alleged misconduct and demand a full account of a trustee’s actions. The attorneys at O'Connell & Crispin Ackal, PLLC have experience on both sides of trust conflicts. We have associations with forensic accountants who can render accurate assessments of asset management and help assemble evidence to prove or refute allegations.

Contact an established Florida trust litigation firm

Conflicts among beneficiaries and fiduciaries can be damaging if they are not managed by experienced and knowledgeable legal counsel. O'Connell & Crispin Ackal, PLLC in Palm Beach provides capable trust litigation to clients throughout Florida. Call us today at 561-802-7536 or contact us online to schedule a consultation.

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Office Locations
  • Palm Beach Office
    420 Royal Palm Way
    Suite 300
    Palm Beach, Florida 33480
    Phone: 561-355-0403
    Fax: 561-355-5133
  • Palm Beach Gardens Office
    2701 PGA Boulevard
    Suite C
    Palm Beach Gardens, Florida 33410
    Phone: 561-355-0403
    Fax: 561-355-5133