Revocable Living Trust Attorney
Help When A Revocable Living Trust Creates Problems
Revocable living trusts are supposed to make things easier for families. They are often created to avoid probate, keep matters private, and provide clear instructions for what happens after a death or incapacity. When the trust is unclear, poorly managed, or possibly abused, it can create confusion and conflict instead of peace of mind.
If you are facing questions or disputes about a revocable living trust, Adrian Philip Thomas, P.A. is here to help you. We are a Florida probate, trust, and estate litigation firm based in Fort Lauderdale, and we represent trustees, beneficiaries, heirs, and other interested parties in trust disputes across the state. Since 2002, our attorneys have represented more than 5,000 clients in estate-related disputes and secured over $230 million in verdicts and settlements.
Call (954) 764-7273 now to see the 7 common mistakes Fort Lauderdale families make with living trusts before they sign anything.
When A Living Trust Goes Wrong
Most people sign a living trust believing it will keep their family out of court and reduce conflict. In Florida, a properly funded revocable living trust can often keep many assets out of formal probate in Broward County or other counties. Problems arise when the documents are unclear, assets were never transferred into the trust, or the person managing the trust does not follow the rules.
You might notice that information about the trust is suddenly hard to obtain, or that a trustee refuses to provide an accounting. You might see large withdrawals, transfers to a single family member, or last-minute amendments that benefit a new person in your loved one’s life. In some situations, an elderly grantor may have been isolated or pressured when signing changes to the trust.
These issues are not just legal questions. They often come at a time when you are grieving and trying to hold family relationships together. Tension between siblings, mistrust of a step-parent, or disagreements over what your loved one truly wanted can make every conversation feel like a battle. We understand how painful that can be, and we work to address both the legal and human sides of these disputes.
As a living trust attorney, we frequently see disputes involving claims of undue influence, lack of capacity, breach of fiduciary duty, and failures to follow the terms of the trust. Recognizing the patterns behind these problems is critical. Our attorneys draw on years of handling will contests, fiduciary disputes, and trust litigation throughout Florida to identify where things went off track and what options may exist.
How We Approach Revocable Living Trust Disputes
Every trust dispute is different, but a structured evaluation helps bring order to a confusing situation. When you contact us, we start by listening carefully to your story. We want to understand the history of the trust, the family dynamics, the timing of any changes, and what has happened since your loved one became incapacitated or passed away. From there, we review key documents and available records so we can give you a realistic view of your situation.
Our attorneys typically examine the trust agreement, any amendments or restatements, related wills, and beneficiary designations. We look at how and when assets were transferred into the trust and who has controlled the finances. We consider whether there are signs of exploitation of an elderly or ill person, such as sudden changes that benefit a new caregiver, romantic partner, or distant relative. We also evaluate the actions of the trustee to see whether they may have failed to meet their fiduciary duties under Florida law.
Florida trust litigation can involve the probate division of the Seventeenth Judicial Circuit Court in and for Broward County or other circuit courts around the state, depending on where the trust is administered. Our firm has focused on probate, trust, and estate litigation since 2002, and we have handled thousands of matters involving these courts. Our depth of experience helps us anticipate procedural traps, deadlines, and strategies that can shape the outcome of a case.
We know that you need clear explanations, not legal jargon. Throughout the process, we work to explain your options in straightforward terms, whether that involves negotiating with a trustee, seeking court oversight, or litigating claims such as undue influence or breach of fiduciary duty. Our attorneys bring diverse backgrounds in estate planning, uncontested probates, law enforcement, and litigation, which helps us spot issues like financial abuse or document irregularities that might not be obvious at first glance.
We strive to resolve disputes fairly whenever possible through negotiation or other resolution methods. At the same time, we are fully prepared to litigate in court when needed to protect a client’s rights. Our recoveries of more than $230 million and recognitions such as an AV rating from Martindale Hubbell, a 10 rating from Avvo, and inclusion in Florida’s Legal Elite reflect our longstanding commitment to this work.
Practical Steps If You Have Trust Concerns
When you suspect something is wrong with a living trust, it can be tempting either to ignore your instincts or to confront family members in anger. Neither approach usually helps. Taking measured, informed steps gives you the best chance to protect yourself and the trust while preserving important rights under Florida law.
Consider taking these practical steps before and while you seek legal advice:
- Gather copies of any trust documents, wills, account statements, and correspondence you can access without breaking any rules or agreements.
- Write down a timeline of key events, including when the trust was created, when changes were made, and when you noticed problems.
- Avoid signing releases or settlement documents until you fully understand what rights you may be giving up.
- Be cautious about confrontational conversations that could escalate family conflict or result in incomplete or misleading information.
- Contact a living trust attorney to review your situation and help you decide on next steps before deadlines pass or additional harm is done.
Florida law imposes time limits on certain trust-related claims, such as objections to accountings or challenges to trust amendments. The specific deadlines can depend on the type of claim, the language of the trust, and when you received notice. Acting promptly to understand your rights can be critical, particularly when significant assets or real property in Fort Lauderdale or elsewhere in South Florida are involved.
Our team is here to help you sort through what you know, identify what you do not yet know, and develop a path forward that fits your goals. We use the initial consultation to help you understand whether the situation appears to involve a legal violation, a misunderstanding, or a mix of both. From there, we discuss potential strategies and what it may look like to move ahead.
Why Choose Our Living Trust Lawyers In Fort Lauderdale
When you are choosing a living trust lawyer to handle a dispute, you are trusting someone with your family, your future, and often with your loved one’s legacy. At Adrian Philip Thomas, P.A., our practice is focused on probate, trust, and estate litigation in Florida. This focus allows us to understand the rules, traps, and strategies that typically matter in contested revocable living trust matters.
Since 2002, we have represented more than 5,000 clients in estate-related disputes. Our recoveries of over $230 million in verdicts and settlements reflect the high stakes of the matters we handle. These numbers are not just statistics. They show that families across the state have turned to our firm when they needed help in complex, often emotional disputes about wills and trusts.
We are based in Fort Lauderdale and regularly handle matters in the Seventeenth Judicial Circuit in and for Broward County, as well as in Miami-Dade and Palm Beach counties and elsewhere in Florida. This geographic reach, combined with strong local roots, helps us navigate the practical aspects of litigating Florida trust cases, such as court procedures and local expectations. For clients who live outside South Florida but have a trust administered here, our location can be especially helpful.
Our attorneys bring diverse backgrounds that include estate planning, uncontested probates, law enforcement, and trial work. These perspectives help us evaluate whether conduct may amount to exploitation of an elderly person, breach of fiduciary duty, or other wrongdoing. We also know that not every disagreement requires a courtroom battle. We work to pursue fair resolutions when possible, but we are prepared to present your case in court if that is what is needed to protect your interests.
Throughout your matter, we aim to provide personalized attention and compassionate guidance. That means listening closely, explaining your options in clear language, and keeping you informed as your case progresses. Trust disputes often involve deeply personal relationships. Our goal is to advocate firmly for you while remaining sensitive to the family context and the wishes of the person who created the trust.
Frequently Asked Questions
Do I really need a lawyer for my living trust problem?
You may benefit from legal help if you suspect mismanagement, undue influence, or unclear rights under a trust. Florida trust law can be technical, and deadlines can be strict. Our team reviews the facts, the documents, and your goals so you can decide whether legal action makes sense.
How much does it cost to talk with your team?
Your initial consultation with our firm is free. During that meeting, we discuss your situation, review available documents, and explain possible paths forward. We also talk about fee structures in clear terms so you understand potential costs before deciding how to proceed.
What are signs a trustee is breaching their duties?
Warning signs can include refusal to share information, inconsistent or missing accountings, unexplained transfers, favoritism toward certain beneficiaries, or ignoring clear trust terms. Each case is unique, so we look at the complete picture to see whether the trustee’s conduct may violate Florida fiduciary standards.
How long do Florida living trust disputes usually take?
The length of a trust dispute depends on factors such as the complexity of the assets, the number of parties involved, court schedules, and whether the case settles or goes to trial. We discuss likely timelines at the outset and update you as the matter progresses.
Can you help if the trust is in Fort Lauderdale, but I live elsewhere?
Yes. Many of our clients live outside South Florida or even outside Florida but have a trust administered in Fort Lauderdale or nearby counties. We regularly handle matters in Broward, Miami-Dade, and Palm Beach courts, and we work with clients remotely when in-person meetings are not practical.
Fort Lauderdale Planning That Protects Your Family From Conflict Later
A revocable living trust is not just paperwork. It is a plan your family will rely on when emotions are high and time is short. If you want a trust designed to work smoothly in Fort Lauderdale and reduce the risk of future conflict, Adrian Philip Thomas, P.A., can help you put a clear strategy in place and coordinate the details that templates miss.
Contact us to grab a Fort Lauderdale living trust plan that can save your family months of stress.
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