TRUSTEE/PERSONAL REPRESENTATIVE AccountabilitY
Personal representatives and Trustees, alike, owe duties to beneficiaries of an estate or trust. When a personal representative/trustee is appointed, the will or trust and the Florida Statutes direct and authorize the personal representative/trustee to perform certain fiduciary duties. When a person does not follow the rules, it is possible they have breached their duty and, if so, there could be liability against that person.
If you believe a personal representative or trustee has breached their fiduciary duty to you as a beneficiary and their actions resulted in financial damages such as an interference with an expected gift or excessive spending, it is important that you contact an attorney to seek the appropriate relief and to ensure the trust assets are preserved and properly maintained and distributed.
A Florida Will Contest is a formal objection against the validity of a will, contesting it does not reflect the true intent of the the person who made the will.
Two primary reasons for a Florida Will Contest or Florida Probate Litigation are lack of mental capacity and undue influence. Testamentary Capacity is one of the more frequent challenges for Florida Wills and typically happens when a testator was very elderly, sick, and/or heavily medicated. Capacity is judged at the time of the execution of the will or testamentary trust. It is possible someone may typically lack capacity but have a lucid moment where they are with it and have testamentary capacity.
Another area of concern is if there is evidence of undue influence. This means that the testator’s mind was so controlled by persuasion, pressure, or coercion by the actions of another that he or she was unable to act voluntarily. This is a very serious claim and if you believe this was present in the life of someone you care about, contact an attorney who can help assess the situation and explain the laws and elements that must be met in order to be successful with this claim.
Florida law imposes strict time limits for bringing these claims so get your questions answered before time runs out!
If you have questions about the duties and responsibilities of a personal representative/trustee or believe a loved one was taken advantage of prior to their death, complete the form below or call (727) 900-5611 to speak directly with attorney Dena Rogers.