Trust Litigation Attorneys in Stuart, FL
Content last modified: March 20, 2026
A trust is a legal entity that holds and administers the property of one person for the benefit of one or more other parties, known as beneficiaries. While trusts can be created and used at any time, they commonly take effect upon the death of the creator of the trust, who is also known as the settlor or grantor. The administrator of the trust is known as a trustee.
The role of trustee entails a solemn responsibility that was generally assigned by a grantor who placed great faith in the individual to manage the trust in accordance with his or her wishes. Trusts often hold significant assets, and trustees have the power to access and distribute these assets.
When a trustee breaches this duty, the beneficiaries have a legal right to take remedial action and pursue compensation for any losses that occurred as a result of the breach. A Florida trust litigation attorney at The Law Offices of Travis R. Walker, P.A. can help.
“In trust litigation, disputes between trustees and beneficiaries can be emotionally charged and legally complex. Our firm specializes in resolving these disputes with sensitivity and diligence, ensuring that the trust’s intentions are honored while protecting the rights of all parties involved.”
-Travis R. Walker | Founder and Philanthropist
Experience You Can Trust
The Law Offices of Travis R. Walker, P.A. is a professional law firm that offers personalized service with compassion, skill, and attention to detail. We have extensive experience in estate planning, including trust creation and litigation.
Our lawyers have won millions of dollars in settlements and verdicts on behalf of our clients and regularly receive such feedback as the following:
“I contracted … The Law Offices of Travis R. Walker, P.A. to get help with trust litigation. Their services were outstanding!”
—Marie Dom
“From the first phone call to final results, I was met with reliability, graciousness, and dedication. I wouldn’t trust my life’s tough moments with any other team. If you want hardworking people with your best interest at heart, this is the firm for you!”
—Jessie Ann
“I contracted … The Law Offices of Travis R. Walker, P.A. to get help with trust litigation. Their services were outstanding!”
—Marie Dom
The Fiduciary Duty of a Trustee
The word “fiduciary” comes from the Latin word “fiducia,” which means “trust, confidence, reliance.” A trustee has a fiduciary duty to administer the trust in an ethical manner that complies with the terms of the trust and serves the interests of the beneficiaries.
While a trustee has the right to collect a reasonable salary from the assets contained in the trust, the trustee is required to carry out the administration of the trust without personally benefiting. A trustee has the right to delegate trust administration responsibilities, so long as this is done prudently.
The fiduciary responsibilities of a trustee include the following, according to Florida Statutes Chapter 736, otherwise known as the Florida Trust Code.
- Administer the trust in good faith and in accordance with its terms, purposes, and the law of Florida, in the best interests of the beneficiary.
- Administer the trust loyally and solely in the interests of the beneficiaries without creating a conflict of interest unless authorized by the trust or beneficiaries.
- Administer the trust impartially when two or more beneficiaries are named.
- Administer the trust prudently.
- Only incur reasonable expenses necessary to administer the trust in a manner consistent with its purpose.
- Control and protect the trust property.
- Maintain clear and accurate records of the trust’s administration and keep them in the custody of an uninterested third party and separate from the trustee’s personal records.
- Not mix or comingle personal assets with those of the trust.
- Enforce the claims of the trust and defend claims against the trust.
What is Trust Litigation?
Trust litigation occurs when a conflict arises between the beneficiary and the trustee. It most often occurs when the beneficiary alleges that the trustee has improperly administered the trust and violated at least one of the trustee’s fiduciary duties.
The Law Offices of Travis R. Walker, P.A. can provide representation to any party involved in trust litigation that stems from a breach of trust, improper distributions, or changes in circumstances. We can also defend trustees against allegations of impropriety.
Breach of Trust
When a trustee fails to administer the trust appropriately according to the fiduciary duties described in the law and in the trust, a breach of trust occurs. Examples of a breach of trust include the following:
- Favoring one beneficiary over another
- Co-mingling funds
- Failing to disclose conflicts of interest
- Mismanaging funds in the trust
- Collecting unreasonable compensation from the trust
- Administering the trust in bad faith
- A trustee acting in their own interests in the administration of the trust
Improper Distributions
An improper distribution occurs when a trustee, personal representative, or executor of an estate improperly distributes assets in the fund to themselves or beneficiaries, perhaps in a partial manner, in violation of the terms of the trust or the best interests of the beneficiaries.
- Improper distribution of assets to trustees or beneficiaries
- Partial or unequal distributions violating trust terms
- Distributions not in the best interests of beneficiaries
- Failure to follow Florida probate and estate laws
- Misinterpretation or disregard of trust instructions
- Unauthorized actions by trustees, executors, or personal representatives
Changes in Circumstances
Trusts that are revocable during the lifetime of the grantor become irrevocable upon the death of the grantor. Unless all interested parties agree upon the changes, the terms of the trust can only be changed by court order for reasons specified in the Florida Trust Code, including the following:
- The purposes of the trust have been fulfilled
- The purpose of the trust has become illegal, impossible, or impractical
- Compliance with the existing terms would defeat the purpose of the trust due to unforeseeable circumstances
- The purpose of the trust no longer exists
- The trust no longer serves the best interests of the beneficiary
The court must consider the intentions of the settlor, and it must be proven to the court that the requested changes are consistent with the settler’s intentions and the best interests of the beneficiaries.
Defense of Trustees
Investments made on behalf of the trust or depreciation of assets held in the trust may not meet the expectations of the beneficiaries. In the absence of negligence or a breach of trust, trustees cannot be held personally liable for depreciation or other losses that impact the trust.
When Can a Trust Be Contested?
The Intentions of the Grantor
- Undue influence – An unfair dominant position or other advantage that would have caused the person to feel obligated to create the trust
- Fraud – Deception, false, or misleading conduct that influenced the creation of the trust or its terms
- Duress – Coercion or manipulation causing a person to feel compelled to create the trust or include specific terms
- Mistake – The creation of a trust in error
If a court finds that any of these conditions existed during the creation, amendment, or reinstatement of a trust, the court can negate the trust or the portion of the trust that was impacted by these means.
Incapacity
- Be at least 18 years old or an emancipated minor
- Be of sound mind
Consequently, if it is discovered that the grantor was an unemancipated minor or legally incompetent on the date the trust was created, a court may rule that the trust is not valid. A court may also find that an individual did not meet the sound mind criteria as a result of a cognitive impairment, such as dementia, that existed on the date the trust was created.
Can a Trustee Be Removed From a Trust?
Serious breach of trust
Unfitness, unwillingness, or persistent failure to effectively administer the trust
Lack of cooperation among co-trustees that impairs the administration of the trust
Significant changes in circumstances
The request of all qualified beneficiaries
What is a Conflict of Interest in a Trust?
A conflict of interest in a trust occurs when the trustee is also a beneficiary. This creates a conflict of interest because it impairs the ability of the trustee to administer the trust with impartiality. A conflict of interest can also be created in any transaction involving the trust from which the trustee stands to benefit directly or indirectly, including the following:
A sale, encumbrance, or other transaction involving persons closely associated with the trustee, including the following:
The trustee’s spouse or family members
An officer or director of the trustee
What Damages Can I Recover in a Breach of Trust Lawsuit?
When a trustee commits a breach of trust, you may have the right to recover significant damages, including the greater of the following:
- The amount necessary to restore the value of the trust to the state it would have attained had the breach not occurred, including lost income, capital gains, and appreciation; or
- The profit gained by the trustee as a result of the breach
If the trustee acted in bad faith, you may also qualify to recover punitive damages. Punitive damages are awarded as a punishment against the trustee rather than compensation for losses. Punitive damages in Florida are normally limited to $500,000 or three times the compensatory damages, whichever is greater.
However, when awarded to punish wrongful conduct motivated by unreasonable financial gain, punitive damages may be awarded in an amount up to four times the compensatory damages or $2 million, whichever is greater.
Remedies for a Breach of Trust
In addition to damages, you also have the right to petition the court to impose the following remedies against a trustee as a consequence of a breach of trust:
- An order compelling the performance of the trustee’s duties
- An order to restore property
- An order to provide an accounting of the trust administration
- The appointment of a special fiduciary to administer the trust
- Suspension or removal of the trustee
- Denial of compensation to the trustee
- Imposition of a lien
- Any other appropriate relief
How Can a Trust Litigation Attorney Help Me?
Whether you need to contest a trust, take action against a trustee, make changes to a trust, or defend yourself against an allegation related to a trust, an experienced Stuart, FL, trust litigation attorney at the Law Offices of Travis R. Walker, P.A. can help.
Our experienced trust and estate litigation attorneys can provide a thorough investigation into misconduct concerning your trust, calculate your losses, and file a lawsuit on your behalf.
We are skilled negotiators who will work hard to restore your trust’s assets through a fair and reasonable settlement. If this is not possible, we are always prepared to present your case in court. We treat clients like family, and we will remain available to answer your questions and keep you up to date throughout your litigation.
Experienced Trust Litigation Attorneys in Stuart, FL
If you have a trust dispute in Stuart, our experienced trust litigation attorneys stand ready to help you achieve the resolution you need. Schedule a consultation by calling our Stuart office at (772) 210-3329 or using our easy online contact form.
Florida Trust Litigation Lawyer
Trust litigation arises when a dispute arises between a beneficiary and the trustee over a trust’s creation, administration, or distribution of assets. Whether you are a trust beneficiary or a trustee involved in a dispute, a trust litigation attorney can guide you through the complexities of Florida trust law and protect your rights.
Based in Stuart, Florida, The Law Offices of Travis R. Walker, P.A., can help you decide whether a trust contest is the right course of action to achieve your desired outcome.
What Are the Grounds for Contesting a Trust in Florida?
A trust is a legal entity to which the creator, known as the settlor, transfers ownership of assets such as financial accounts and real estate holdings for the benefit of one or more other parties, known as beneficiaries. A trustee administrates the trust.
because assets transferred to a trust can avoid the probate process, expediting asset distribution to beneficiaries and avoiding expenses.
Suppose you’re a beneficiary of a trust in Florida and have an objection over the trust’s creation or administration or how the trust assets will be distributed. In that case, Florida law provides several grounds for contesting a trust.
Lack of Mental Capacity of the Settlor
To establish a valid trust, the settlor must understand the nature and purpose of creating the trust, the nature and extent of the assets transferred into the trust, and the consequences of transferring assets into the trust.
The settlor’s inability to comprehend the terms and consequences of the trust may serve as grounds for contesting the trust.
Breach of Fiduciary Duty by the Trustee
A trustee has a fiduciary duty to administer the trust in good faith and in an ethical manner that complies with the trust’s terms and serves the interests of the beneficiaries. A beneficiary or other interested party who believes the trustee has violated this duty can contest the trust in court.
Other acts of misconduct by the trustee that may serve as grounds for a trust challenge include the following:
- Mismanagement of trust assets
- Failure to provide information
- Lack of communication
- Unreasonable delay
Fraud, Duress, or Undue Influence Over the Settlor
Under Florida law, the trust is void if a trust’s creation, amendment, or restatement resulted from fraud, duress, mistake, or undue influence.
A successful challenge on these grounds may result in the court voiding the entire trust or any portion that resulted from fraud, duress, mistake, or undue influence.
Florida Trust Laws
Florida trusts are presumed revocable unless the terms expressly state the trust is irrevocable. A revocable trust allows you to transfer ownership of assets to a new entity while retaining control over the assets. A settlor may amend or revoke this type of trust at any point during their lifetime.
On the other hand, modification of irrevocable trusts requires the consent of the trustee and all beneficiaries or judicial approval.
Oral trusts are permitted in Florida, although trusts are commonly created by drafting and signing a trust agreement. A trust agreement designates a trustee to manage and oversee the property within the trust and provides instructions for distributing your assets upon your death by naming beneficiaries.
An experienced Florida estate planning attorney can answer your questions about the role of trusts in estate planning.
What to Look for in a Florida Trust Litigation Attorney
If you are a beneficiary pursuing a trust contest or a trustee defending one, you need a Florida trust litigation attorney with extensive experience in trust dispute cases.
The Law Offices of Travis R. Walker, P.A., has a proven track record of success in trust litigation matters. Our experienced Florida trust litigation lawyers understand the complexities of the laws governing trusts and trust litigation and are committed to client success.
What if Your Trustee Did Not Act in Your Best Interests?
- Compel the trustee to perform the trustee’s duties
- Enjoin the trustee from committing a breach of trust
- Compel the trustee to redress a breach of trust by paying money, restoring property, or other means
- Order a trustee to account
- Appoint a special fiduciary to take possession of the trust property and administer the trust
- Suspend or remove the trustee
- Reduce or deny compensation to the trustee
- Void a trust’s act, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds
- Order any other appropriate relief
Your complaint may request damages such as an order that the trustee restore the value of the trust property and trust distributions to what they would have been absent the breach or pay any profits the trustee made due to the breach.
What are the Alternatives to Contesting a Trust in Court?
Non-judicial Settlement Agreements
With a non-judicial settlement agreement, the interested parties to a trust may craft a binding agreement outside of court, resolving any disputed matters. While not required, an interested party may request court approval of a nonjudicial settlement agreement.
Removal of a Trustee
Interested parties to a trust, including the settlor, a co-trustee, or a beneficiary, may request that the court remove a trustee. The court may remove a trustee on its own initiative on any one of the following grounds:
- The commission of a serious breach of trust
- Lack of cooperation among cotrustees impairs trust administration
- Unfitness, unwillingness, or persistent failure of the trustee causing a court to determine removal best serves the beneficiary's interests
- A substantial change of circumstances
Trust Modification and Termination
Trust modification changes the terms of a trust from their original form. In certain circumstances, when the trustee and all beneficiaries agree, court approval is not required to modify the terms of a trust.
If you are seeking the non-judicial resolution of a trust dispute, it is important to consult with an experienced trust litigation attorney for legal assistance.
Trust Reformation
Trust reformation is available to correct a mistake made when in the trust’s terms. Any interested party may request that the court reform the trust’s terms to conform to the settlor’s intent. The court will reform the trust’s terms if clear and convincing evidence proves that both the accomplishment of the settlor’s intent and the terms of the trust were affected by a mistake of fact or law.
How The Law Offices of Travis R. Walker Can Help with Your Trust Litigation Case
Whether you are a trustee or trust beneficiary, the dedicated trust litigation attorneys at The Law Offices of Travis R. Walker, PA, can protect your rights. Our attorneys have extensive experience resolving trust disputes. We have a proven track record of producing favorable results, as demonstrated by the testimonials provided by our clients.
Contact us at (772) 773-1269 to schedule a consultation to discuss your trust dispute.
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Frequently Asked Questions about Trust Litigation in Florida
As a Trust Beneficiary, Do I Have Any Right to Contest the Trustee’s Administration of the Trust?
What Are Some Possible Outcomes When a Trustee Has Not Acted in the Beneficiary’s Best Interests?
If I Suspect a Trustee Has Wrongly Managed the Trust to Which I’m a Beneficiary, Do I Have to Go to Court?
Are the Terms of a Trust Valid if the Person Creating It Didn’t Understand What They Were Doing?
Guardianship is a legal proceeding in Florida circuit courts where a guardian is appointed to exercise the legal rights of an incapacitated person (called a “ward”) or a minor. The process is governed by Chapter 744 of the Florida Statutes and requires court oversight to ensure the ward’s best interests are protected.
Why Do I Need to Hire a Trust Litigation Lawyer?
Guardianship is a legal proceeding in Florida circuit courts where a guardian is appointed to exercise the legal rights of an incapacitated person (called a “ward”) or a minor. The process is governed by Chapter 744 of the Florida Statutes and requires court oversight to ensure the ward’s best interests are protected.
