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Lines are Available 24/7
Se Habla Español
Lines are Available 24/7
Se Habla Español
When a trustee mismanages assets, a trust was created under suspicious circumstances, or you’ve been wrongfully excluded from an inheritance, the law provides powerful remedies — but you need experienced litigation attorneys who know how to use them.
At Zoecklein Law, our trust litigation team has recovered over $1 million for clients in contested trust and estate disputes across Florida. We represent beneficiaries, heirs, successor trustees, and interested parties in complex trust litigation involving undue influence, trustee misconduct, fraud, and breach of fiduciary duty.
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Our attorneys don’t just understand the law — we know how to win. Here are a few of the results we’ve achieved for our clients:
$805,000 Trust Litigation Recovery for client in contested trust dispute | $303,000 Will Contest Recovered for beneficiary in will contest action | $209,500 Probate Fraud Recovery for beneficiary improperly excluded from estate |
Trust litigation refers to any lawsuit involving a dispute over the creation, validity, administration, or distribution of a trust. Unlike will contests, which are handled in probate court, trust disputes are independent civil actions filed under the Florida Rules of Civil Procedure.
This distinction matters. It means trust litigation is a full-blown lawsuit — with discovery, depositions, motions, and potentially a trial — not a simplified probate proceeding. You need attorneys who are experienced civil litigators, not just estate planners.
Under Florida’s Trust Code (Fla. Stat. § 736.0201), judicial proceedings concerning trusts must be commenced by filing a complaint and are governed by the Florida Rules of Civil Procedure — making these cases procedurally distinct from probate administration.
Under Fla. Stat. § 736.0406, a trust (or any amendment or restatement of a trust) can be declared void if it was procured by:
Undue Influence
A caregiver, family member, or other person in a position of trust manipulated the settlor into creating or changing the trust to benefit themselves. This is the most common basis for trust challenges in Florida, and courts look at factors like the influencer’s access to the settlor, the settlor’s vulnerability, and whether the trust terms seem unnatural.
Fraud
The settlor was deceived about the nature or contents of the trust document, or someone forged the settlor’s signature. This includes situations where a bad actor presented a trust document as something other than what it actually was.
Lack of Mental Capacity
The settlor did not have the mental capacity to understand the nature and extent of their property, who their natural beneficiaries were, or what the trust document would accomplish. Conditions like Alzheimer’s, dementia, or the effects of medication can all be relevant.
Duress
The settlor was threatened or coerced into creating or modifying the trust. Unlike undue influence, duress involves direct threats rather than subtle manipulation.
Mistake
The trust document does not reflect the settlor’s actual intent due to a drafting error, miscommunication, or misunderstanding about its legal effect.
If someone fraudulently caused a trust to be revoked (for example, tricking the settlor into revoking a trust that benefited you), that revocation can also be declared void under Fla. Stat. § 736.0406.
Not all trust disputes are about whether the trust is valid. Many involve a trustee who is failing to do their job — or worse, taking advantage of their position.
A trustee has a legal obligation to manage trust assets in the best interests of the beneficiaries. When they violate that obligation, it’s called a breach of trust, and Florida law provides significant remedies.
Under Fla. Stat. § 736.1001, the court has broad authority to remedy a breach of trust, including:
If a trustee has profited from their misconduct, the court can also order a full disgorgement of those profits — meaning they don’t just have to make the beneficiaries whole, they have to give back every dollar they improperly gained.
You can only challenge a trust in Florida if you have legal standing — meaning you are directly affected by the trust’s terms or administration. Individuals who typically have standing include:
If you’re unsure whether you have standing, our attorneys can evaluate your situation during a free consultation and advise you on your options.
Understanding what to expect can help reduce the stress of a trust dispute. While every case is different, trust litigation in Florida generally follows these steps:
We review the trust documents, gather evidence, and assess the strength of your claims. This may include obtaining medical records, financial statements, and witness statements.
Trust litigation is initiated by filing a civil complaint in the appropriate Florida circuit court. This is a separate action from any probate proceeding.
Both sides exchange documents, take depositions, and gather evidence. In trust cases, this often includes forensic accounting of trust assets and expert testimony on capacity or undue influence.
Florida courts typically require mediation before trial. Many trust disputes are resolved at this stage, and our attorneys are skilled negotiators who fight for maximum recovery.
If mediation doesn’t resolve the dispute, the case proceeds to a bench trial (decided by a judge, not a jury). Our litigators are experienced trial attorneys who are prepared to take your case all the way.
✓ Litigation-Focused Estate Attorneys
We don’t just draft trusts — we litigate them. Our attorneys combine deep knowledge of Florida’s Trust Code with aggressive courtroom advocacy.
✓ Over $1 Million Recovered
Our track record speaks for itself. We’ve recovered substantial sums for beneficiaries in trust disputes, will contests, and probate fraud cases.
✓ Statewide Representation
With offices in Brandon, Tampa, Sarasota, Lakeland, and across Florida, we handle trust litigation wherever your case needs to be filed.
✓ Responsive & Transparent
We return calls the same day, keep you informed at every stage, and explain the process in plain English — not legalese.
✓ Se Habla Español
Our team serves Florida’s Spanish-speaking community with the same dedication and expertise.
Florida does not have a single, fixed statute of limitations for trust challenges. The time limit depends on the type of claim. For most breach of trust claims, beneficiaries generally have four years from the date they knew or should have known about the breach. For fraud-based claims, the statute may be extended. Because timing is critical, we recommend consulting with an attorney as soon as you suspect a problem.
A will contest is a challenge to the validity of a will and is filed within the probate proceeding. Trust litigation is a separate civil lawsuit filed independently of probate court under the Florida Rules of Civil Procedure. This means trust cases involve full civil discovery, depositions, and potentially a trial — making experienced civil litigators essential.
Potentially, yes. If you would have inherited under a prior version of the trust or under Florida’s intestacy laws, you may have standing to challenge the trust. Common grounds include undue influence by a caregiver or family member, lack of mental capacity, or fraud. We can evaluate your specific situation during a free consultation.
Trust litigation costs vary depending on the complexity of the case. We offer free initial consultations and will provide a transparent assessment of the likely costs and timeline for your specific situation. In many cases, attorney’s fees and costs can be recovered from the trust or the opposing party.
Yes. Under Fla. Stat. § 736.0706, the court can remove a trustee who has committed a serious breach of trust, who has not cooperated with co-trustees, who is unfit or unwilling to administer the trust, or whose removal serves the best interests of the beneficiaries. We regularly pursue trustee removal actions on behalf of beneficiaries.
Beneficiaries have a legal right to trust accountings under Florida law. If a trustee refuses to provide financial transparency, the court can compel them to account and may award attorney’s fees to the beneficiary who had to take legal action to enforce this right.
While there is no legal requirement to have an attorney, trust litigation is complex civil litigation governed by the Florida Rules of Civil Procedure. The opposing side will almost certainly have legal representation. Having an experienced trust litigation attorney significantly increases your chances of a favorable outcome and ensures your rights are protected throughout the process.
Yes, and many trust disputes are resolved through negotiation or mediation before ever reaching trial. Florida courts typically require mediation in trust litigation cases. Our attorneys are skilled negotiators who work to achieve the best possible outcome, whether through settlement or trial.
Trust disputes can involve hundreds of thousands — or millions — of dollars. The longer you wait, the more opportunity there is for trust assets to be dissipated, evidence to be lost, or statutes of limitation to expire.
If you believe a trust was created or modified under suspicious circumstances, or if a trustee is failing in their duties, contact Zoecklein Law today for a free, confidential consultation.
Serving Clients Statewide Throughout Florida
