Revocable Living Trust Attorney in Florida

Help for Families Facing Living Trust Problems in Florida

If a revocable or other living trust is controlling a loved one’s assets and something does not feel right, you are not alone. Many families only learn what a trust really does after a parent or spouse becomes incapacitated or passes away, and at that point, questions and conflicts often surface. As a revocable living trust attorney, Florida firm, Adrian Philip Thomas, P.A. helps families, beneficiaries, and fiduciaries understand their rights and address problems when a trust is not being handled properly.

We know this is not just a legal issue for you. It is about honoring your loved one’s wishes, protecting what they worked for, and trying to keep family relationships from falling apart. Our attorneys focus on probate, trust, and estate litigation in this state, and we work to bring clarity to complicated revocable living trust situations so you can make informed decisions.

Inheritance at risk? Act before it’s too late. Contact Adrian Philip Thomas, P.A. for urgent Florida trust counsel.

Why Families Across Florida Turn to Our Firm for Trust Disputes

When a living trust dispute arises, you need more than a lawyer who drafts documents. You need a team that understands how these documents are attacked, defended, and enforced in real Florida courtrooms. Our firm focuses on probate, trust, and estate litigation, so we are familiar with the statutes, deadlines, and strategies that shape revocable trust and living trust cases.

Families and fiduciaries have trusted us with significant matters. Our team has obtained more than $230 million in verdicts and settlements in probate, trust, and estate disputes. This history tells you that clients bring us high-stakes cases and that we know how to present complex financial and family issues in a way that courts can understand. While every matter is unique and results depend on many factors, our past work shows that we are prepared for challenging situations.

Since 2002, we have guided over 5,000 estate-related clients through conflicts involving wills, trusts, and fiduciary duties. Our founding attorney has earned an AV rating from Martindale Hubbell and a 10 Superb rating from Avvo, and has been named among Florida’s Legal Elite, with recognition from publications such as Forbes Florida and American Lawyer. These third-party ratings reflect our commitment to legal ability and professional conduct.

We also understand that behind every file are real people. We listen carefully, explain options in clear language, and tailor our approach to your goals. Sometimes that means working toward negotiated resolutions that avoid prolonged conflict. Other times it means pursuing litigation to protect your rights. Our goal is to provide strong advocacy with compassion, so you feel supported while we address the legal issues.

How Revocable Living Trusts Work Under Florida Law

To understand whether there is a problem, it helps to understand what a revocable living trust is intended to do. In simple terms, a revocable trust is created by a person, known as the settlor or grantor, who transfers certain assets into the trust while they are alive. The settlor usually serves as the initial trustee and can change or revoke the trust while they have capacity. The document names successor trustees to act if the settlor becomes incapacitated or dies, and it directs how trust property should be managed and distributed.

Many residents in this state use revocable trusts to avoid or minimize formal probate for certain assets and to keep some details of their estate plan private. Once the settlor dies, the trust typically becomes irrevocable, which means its terms cannot easily be changed. At that point, the successor trustee has a legal duty to follow the trust language and to act in the best interest of the beneficiaries, consistent with Florida’s trust code.

There are several key roles involved. The trustee is responsible for managing the assets, making distributions, and providing information and accounting when required. Beneficiaries are the people or organizations who are supposed to receive benefits from the trust, either during the settlor’s lifetime, after death, or both. Florida law imposes fiduciary duties on trustees, including duties of loyalty, prudence, and impartiality in dealing with beneficiaries.

Problems often begin when the settlor’s health declines, or after death, when the family first sees how the trust terms affect them. You might discover that the trust was changed in a way that seems inconsistent with long-standing plans, or that the trustee is not communicating or providing documentation. In these moments, it is critical to understand what the trust actually says, how state law interprets it, and what remedies may be available if duties are not being met.

Common Disputes Involving Living Trusts in Florida

Capacity & Undue Influence Concerns

Living trust disputes can take many forms, but certain patterns appear again and again. One frequent issue is alleged undue influence. This can arise when a vulnerable person changes a revocable trust late in life in a way that heavily favors one person, such as a new spouse, caregiver, or one child, and cuts others out. Another common concern is whether the person had the mental capacity to sign or amend the trust at the time changes were made.

Elder financial exploitation also shows up in trust litigation. In some families, a person obtains control over bank accounts, real estate, or investments, then uses that control to shift assets into or out of a living trust for their own benefit. Our attorneys include individuals with backgrounds in law enforcement and estate planning, which can help us analyze capacity questions, suspicious transactions, and patterns that may indicate exploitation or fraud.

Trustee Misconduct & Document Conflicts

Trustee misconduct is another source of conflict. Beneficiaries may suspect that the trustee is failing to provide required accountings, delaying distributions without explanation, or favoring one beneficiary over others. In some cases, a trustee might sell property to themselves or a relative, pay themselves excessive fees, or invest trust assets in a way that benefits them more than the trust. These situations can support claims for breach of fiduciary duty or removal of the trustee in the appropriate circuit court.

Disagreements can also arise when trust language conflicts with a will or with beneficiary designations on accounts. There may be confusion about whether a particular asset belongs in the trust or in the probate estate, or about how to interpret ambiguous terms. As a revocable living trust lawyer, Florida resource, our firm regularly addresses these overlapping issues by reviewing all governing documents and explaining how the law treats conflicts between them.

We routinely handle fiduciary disputes and trust contests that involve complex family histories, multiple marriages, and blended families. Whether you are concerned about a last-minute amendment, missing information from a trustee, or transfers that do not match your loved one’s long-standing wishes, we can review the facts and advise you on possible steps under state law.

What To Do If You Suspect a Problem With a Revocable Living Trust

If you think something is wrong with a revocable trust, it can be tempting to confront family members or the trustee immediately. While that reaction is understandable, certain steps can help protect your position and avoid making the situation harder. One of the most helpful things you can do is gather documents and information in an organized way before taking formal action.

Try to obtain copies of the trust, any amendments, relevant wills, and beneficiary designations for key accounts if you can do so without violating any laws or agreements. Financial statements, emails, letters, or notes that show your loved one’s intentions or changes in their health can also be important. If you have concerns about capacity or undue influence, make a timeline of significant events, such as hospitalizations, new caregivers, or sudden changes in relationships.

It is usually wise to avoid making accusations in writing or on social media. Statements made in anger can strain relationships and may be used against you later. Instead, focus on collecting facts. State law imposes deadlines for bringing certain types of trust and probate claims, and those time limits can depend on notices received from the trustee or personal representative. For that reason, waiting too long to seek legal advice can limit your options.

A living trust attorney Florida families can rely on will review your situation and explain whether your concerns raise potential legal issues. At Adrian Philip Thomas, P.A., we offer a free initial consultation, so you can talk through what you are seeing without upfront cost. We will listen to your story, review available documents, and outline potential paths such as requesting information from the trustee, negotiating changes, or filing a petition in the appropriate circuit court if litigation is warranted.

Our Approach to Living Trust Litigation in Florida

Case Review & Strategy

When you contact our firm about a living trust issue, our first step is to listen. We want to understand your relationship to the settlor, what you know about the trust, and what has happened so far. We then review available documents, such as the trust and any amendments, relevant wills, financial records, and correspondence. This helps us identify the legal questions, potential claims, and likely defenses.

After we understand the basic facts, we discuss your goals. Some clients want to correct what they see as an unfair or invalid change in the trust. Others want to remove a trustee who is not fulfilling their duties, obtain an accounting, or clarify how the trust should be interpreted. We explain how state law addresses these issues and outline options that may include negotiation, mediation, or, if necessary, filing proceedings in the circuit court for the county where the trust is administered.

Litigation & Resolution Options

Our attorneys regularly appear in probate and civil divisions that hear trust and estate disputes, including courts in Broward County, Miami-Dade County, and Palm Beach County. This familiarity with local procedures can help us move cases forward efficiently. Our background in contested probates, trust litigation, and fiduciary disputes means we are comfortable handling evidentiary hearings, depositions, and, when required, trials involving complex family and financial histories.

We also recognize that many clients are concerned about the emotional cost of litigation. Wherever appropriate, we explore ways to resolve disputes through negotiated agreements or structured settlements that protect your interests while reducing conflict. When settlement is not possible, we are prepared to litigate and present your case to the court. Throughout the process, we work to keep you informed, answer your questions, and adjust strategy as new information emerges.

Serving Clients Across Florida From Our Fort Lauderdale Office

Adrian Philip Thomas, P.A. is based in Fort Lauderdale, and we assist clients with revocable and other living trust disputes across the state. We frequently handle matters in the courts of Broward, Miami-Dade, and Palm Beach counties, and we are familiar with how probate and civil divisions in these areas typically handle trust and estate cases. We also represent clients in other counties when a trust or related estate has connections to those jurisdictions.

Many of our clients do not live in this state. It is common for adult children or other relatives to live elsewhere while a parent’s living trust and estate are administered here. In those situations, we coordinate by phone and video conference, and we appear in Florida courts on their behalf. Our goal is to make it manageable for you to pursue your rights even if you are not physically present here.

Whether your matter involves a condominium in the Fort Lauderdale area, a family home in Palm Beach County, or investment accounts held under a trust administered in Miami, the court with jurisdiction is often the circuit court for the county where the trust is being administered or where the estate is opened. We can help determine the correct venue and explain what to expect from hearings in that court system.

Frequently Asked Questions

Can I challenge a revocable living trust after my parents’ death?

In many situations, it is possible to challenge a revocable living trust after a parent’s death, but the specific options and deadlines depend on the facts and on Florida law. Challenges often focus on issues such as undue influence, lack of capacity, fraud, or failure to follow required formalities when the trust or an amendment was signed. The timing of notices from the trustee or the probate estate can affect how long you have to bring a claim.

Court review typically considers medical records, witness testimony, financial patterns, and the circumstances around any changes to the trust. Because these cases are fact-intensive, it is important to have someone review the actual documents and the timeline of events. Our attorneys can examine the trust, amendments, and related records, then explain whether a trust contest or related action might be available under state law and what steps would be involved.

What are my rights as a beneficiary of a living trust?

Your rights as a beneficiary are shaped by both the trust language and Florida’s trust code. In general, beneficiaries often have the right to receive information about the trust, including certain disclosures about assets, liabilities, and how the trustee is managing property. They may also be entitled to periodic accountings that show receipts, disbursements, and current values, especially once the settlor has died and the trust has become irrevocable.

Beneficiaries usually have the right to be treated fairly and in accordance with the trust terms. If a trustee is refusing to share information, delaying distributions without a valid reason, or managing assets in a way that appears self serving, those actions may violate fiduciary duties. As a living trust lawyer Florida families can turn to for guidance, we review the trust and applicable statutes with you so you can understand what information you should receive and what options exist if those rights are not honored.

How do I know if a trustee is breaching their duties?

It can be difficult to tell whether a trustee is breaching their duties without seeing the full picture, but certain warning signs are common. These may include unexplained delays in providing accountings or distributions, sudden changes in how assets are invested, sales of trust property to the trustee or their relatives, or refusals to answer reasonable questions about how funds are being used. Another red flag is when a trustee benefits personally from decisions in a way that does not seem consistent with the trust’s purposes.

Florida law requires trustees to act prudently, loyally, and in the best interests of the beneficiaries, within the bounds of the trust language. When their conduct falls short, beneficiaries can ask the court for relief, which might include compelling an accounting, reversing improper transactions, or in some cases removing the trustee. Our firm can review records, correspondence, and trust documents to assess whether the conduct you are seeing is just poor communication or something that may support a formal claim.

Will a living trust dispute in Florida destroy my family relationships?

Many clients worry that taking legal action will permanently damage family relationships, and this is a serious concern. The impact on your family depends on many factors, including existing tensions, how the dispute is handled, and whether the parties are open to dialogue. Sometimes simply having a clear explanation of the trust, the law, and each person’s rights reduces misunderstandings and helps family members make more informed choices.

We strive to approach these cases with an understanding of family dynamics. In appropriate cases, we explore options such as negotiation or mediation before committing to extended litigation. Our goal is to protect your legal and financial interests while minimizing unnecessary conflict whenever possible. That said, if others are unwilling to act fairly or if serious misconduct is involved, litigation may be necessary to safeguard your rights and your loved one’s intentions.

How long do Florida living trust disputes usually take?

The length of a living trust dispute can vary, and it often depends on the complexity of the issues, the number of parties involved, and how willing those parties are to exchange information and consider settlement. Some matters resolve in a few months when the main issue is clarifying language or obtaining an accounting. Others that involve allegations of undue influence, fraud, or significant breaches of fiduciary duty can take longer, particularly if extensive discovery, hearings, or a trial are required.

Court schedules also affect timing. Circuit courts in busy counties such as Broward or Miami Dade may have limited hearing availability, which can extend the process. During your consultation, we can discuss typical timeframes for cases similar to yours and explain which factors might shorten or lengthen the path to resolution. Throughout any representation, we work to keep you updated on developments and expected next steps.

What should I bring to my first meeting with your firm?

Bringing key documents to your first meeting can make our discussion more productive, but you should not delay reaching out just because you do not have everything yet. Helpful items often include copies of the revocable trust and any amendments, related wills, financial account statements, deeds for major real estate, and any written communications from the trustee or personal representative. If you have notes or timelines about important events, such as hospital stays or major changes in your loved one’s behavior or relationships, those can also be useful.

If you cannot locate certain documents, we can discuss ways they might be obtained, depending on your role and the stage of the administration. Our initial consultation is free, and its purpose is to understand your concerns, identify what information is missing, and outline potential options. We will let you know what additional materials would be helpful if you decide to move forward with representation.

Can you help if I live outside Florida but the trust is here?

Yes, we regularly work with clients who live in other states but are dealing with a living trust or related estate that is administered here. In many families, parents retire in this state while children remain elsewhere, so it is common for beneficiaries or even some trustees to be out of state. We can communicate with you by phone, email, and video conference, and we appear in Florida courts on your behalf when hearings or other proceedings are scheduled.

There can be specific jurisdictional and procedural questions when a client lives outside the state, but those issues are usually manageable. We will explain how documents are filed, how you can participate in hearings when necessary, and what to expect with respect to travel, if any. Our goal is to give you the same level of information and support as a local client while handling the in person court work here.

Talk With Our Team About Your Florida Living Trust Concerns

If you are worried about a revocable trust or other living trust connected to a loved one, you do not have to navigate these questions alone. Conflicts about trusts can be confusing and emotional, especially when you are trying to honor someone’s memory and protect your own future at the same time. Speaking with an attorney who focuses on contested probate and trust matters can help you understand what is happening and what can be done.

At Adrian Philip Thomas, P.A., we draw on decades of combined experience, representation of more than 5,000 estate related clients, and over $230 million in verdicts and settlements to guide families through living trust disputes. Our attorneys work to protect clients’ rights, seek fair outcomes, and have decedents’ wishes respected, while providing the clarity and compassion that these situations demand. Your initial consultation is free, and it is an opportunity to ask questions, share your concerns, and learn about possible paths forward.

To discuss your situation with our team, call (954) 764-7273.