Florida Trust Termination Attorneys
Ethical & Aggressive Legal Representation
While most individuals who create a trust can generally terminate or revoke it while they are alive, if it is not an irrevocable trust, trust termination is a type of modification to an otherwise irrevocable trust. Most litigation regarding trust terminations occurs when the settlor is deceased, the trust is irrevocable, and beneficiaries want to terminate the trust to receive their shares. A trust can also be terminated if it contains property that was destroyed or if the grantor specifies an end date or certain conditions are met.
Common examples of when trusts can be terminated include:
- The creator of the trust was not of sound mind when the trust was established, rendering the trust invalid
- The trust was created under duress, undue influence, mistake, or fraud
- The trust was established for an illegal purpose
- The trustee violated their duties
- Disputes arising between multiple beneficiaries
Who Can Terminate a Trust?
While the settlor of a trust is usually the only party who can terminate the trust, the following parties can also terminate a trust:
- Beneficiaries contesting or disputing the trust
- Parties negatively impacted by the trust
- Law enforcement agencies prosecuting illegal conduct
What Factors Does the Court Consider When Terminating a Trust in Florida?
Courts consider the terms and purposes of the trust, the facts and circumstances surrounding the creation of the trust, and extrinsic evidence relevant to the proposed modification or termination. While courts should consider spendthrift provisions as a factor in making decisions, the court is not precluded from modifying a trust because it contains spendthrift provisions.
We Can Help You Terminate a Trust in Florida
Our attorneys at Adrian Philip Thomas, P.A. are here to discuss your situation and review all of your legal options so you can make informed decisions. Our legal probate and guardianship team measures success by how satisfied our clients are with our services and representation, so you can count on us to use our full resources to pursue your case goals. We have reputation for being aggressive and confident legal advocates, so please do not hesitate to reach out to our legal team today.
Jeff, please know how much I appreciated your hard work and effort representing me! Thank you for putting up with me and for never making me feel inept.- S.H.
I don't think there is a better way to express how we feel about these attorneys than to show our final message to them: Ryan & Adrian: We cannot adequately express our gratitude for your excellent work in the resolution of this matter. While certainly- MB & KB
Took the time to explain to me what was going on with my case in way that made sense. Would not hesitate to use him in the future.- F.S.
Adrian, Thanks, you’re doing a great job and you’re the best and only lawyer that has been ethical and professionally serious about this case. You have great communication skills as well. Thank you.- L.A.
Hi Michele, I appreciate all your help with my case and your professionalism. Jeff and Esther were extremely helpful, especially considering the difficult circumstances.- S.J.
Mr. Trinkler, Just want to say thank you for your time, kindness and help.- G.W.
Michele, Thank you. This speaks to the excellent work Mr. Thomas & yourself have done.
Hi Ryan, Thank you for all you have done. Truly feeling relief and a release, being free from lawsuit. Just wanted to tell you how much I depended on you, and appreciate all you have done.- E.D.