Trust Attorney in Florida

Over $230 Million Recovered for Florida Trust & Estate Clients Since 2002

Florida trust matters reach well beyond creating a revocable living trust. Whether you’re administering an estate after a loved one’s death, questioning whether a trustee is managing assets properly, or challenging the validity of a trust itself, the legal issues are governed by the Florida Trust Code (Chapter 736), and they move fast. Adrian Philip Thomas, P.A. is a probate, trust, and estate litigation firm that has represented more than 5,000 clients in estate-related disputes since 2002, securing over $230 million in verdicts and settlements along the way. We’re based in Fort Lauderdale and serve clients throughout Florida, with deep roots in Broward, Miami-Dade, and Palm Beach counties.

Types of Trusts Under Florida Law

Florida law recognizes several categories of trusts, each carrying different rules for how they’re created, controlled, and modified. Understanding which type you’re dealing with shapes every decision that follows.

Revocable Trusts

Revocable trusts can generally be amended or revoked by the settlor during their lifetime. They become irrevocable at death and pass assets to beneficiaries without going through probate.

Irrevocable Trusts

Irrevocable trusts generally can’t be changed once established, which is why they’re often used for tax planning or asset protection.

Testamentary Trusts

Testamentary trusts are created through a will and take effect only at death, unlike living trusts that are funded during the settlor’s lifetime.

Under the Florida Trust Code, a trust must have a definite beneficiary to be valid, with limited exceptions for charitable trusts, pet trusts, and certain noncharitable purpose trusts. Florida Statute Section 736.0403 also requires a revocable trust to be executed with the same formalities as a will. A trust that doesn’t satisfy these requirements can be challenged and potentially invalidated.

Trustee Duties & Beneficiary Rights in Florida

Trustees hold a fiduciary duty to administer the trust solely in the interest of its beneficiaries. That duty covers prudent investment, impartial treatment of all beneficiaries, and keeping accurate records. When a trustee falls short, whether through self-dealing, failure to distribute assets, or simply ignoring the trust’s terms, beneficiaries have meaningful remedies.

Beneficiaries have the right to receive an accounting from the trustee. If one isn’t provided, a court can compel it. Beyond accountings, a court can remove a trustee, surcharge them personally for losses caused by mismanagement, and appoint a successor to take over administration. These aren’t theoretical remedies. We pursue them when the facts support it.

When Trust Disputes Arise in Florida

Trust challenges most commonly rest on undue influence (where someone pressured the settlor into creating or changing the trust), lack of mental capacity at the time of signing, or defects in execution. Elder exploitation is another recurring issue our attorneys handle, drawing on backgrounds that include estate planning, uncontested probate, and law enforcement experience.

Signs that a beneficiary, heir, or trustee may need legal guidance include:

• A trustee who stops communicating
• Distributions that don’t match the trust’s terms
• A trust created shortly before the settlor’s death when their health was in question
• Significant assets missing from an accounting

These situations don’t always require litigation, but they do require prompt attention.

Florida Trust Counsel Backed by Credentials & Results

Founding partner Adrian P. Thomas holds an AV rating from Martindale-Hubbell, a 10-Superb rating from Avvo, and recognition as part of Florida’s Legal Elite. Our approach is to pursue negotiated resolution first, because litigation is costly and uncertain. When the other side won’t act in good faith, we litigate. Clients receive direct, personalized attention: we listen carefully, explain realistic options, and don’t make promises about outcomes we can’t control.