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Trust litigation
Trust Litigation encompasses a variety of lawsuits that may arise concerning the creation and the administration of a Trust. Trust Litigation can consist of disputes ranging from the traditional disputes concerning allegations of lack of capacity and the undue influence in the creation of the Trust, to lawsuits seeking the removal of the Trustee, seeking a judicial determination as to apportionment of taxes, seeking the forfeiture of Trustee fees, seeking a resolution of Trust Accounting disputes, and seeking damages from a Trustee due to improper Trust management.
The Trustee, beneficiaries, family members, and previously designated heirs can find themselves embroiled in hotly contested and complex litigation. At best, disputes are costly disruptions. At worst, they are a threat to the financial and emotional well being of all concerned. To achieve a positive result, you need lawyers who are experienced in the complex issues that arise in the context of trust law and lawyers who are experienced in the Courtroom.
Christopher Q. Wintter is a Board Certified Wills, Trusts, and Estates lawyer that is dedicated to those embroiled in trust litigation. Mr. Wintter is an experienced trial lawyer and a Board Certified specialist in resolving these types of matters.
Our attorneys have litigated cases throughout Florida including the following issues:
- Trust contests
- Claims of lack of capacity
- Claims of undue influence
- Elective share issues
- Tax apportionment issues
- Claims of forgery
- Actions by and against trustees for breach of fiduciary duty, removal, and surcharge
- Objections to, and the defense of, trust accountings
- Petitions to determine entitlement to trust distributions
- Actions to recover property on behalf of a trust paid or distributed in violation of the terms of the Trust
