What Does a Florida Trust Litigation Lawyer Do?

A Florida trust litigation lawyer investigates disputes involving the creation, validity, administration, or distribution of a trust, reviews trust documents and financial records, advises beneficiaries or trustees about their rights and obligations, and represents clients in negotiations, mediation, and court proceedings. Depending on the dispute, this may include challenging a trust amendment, investigating trustee misconduct, seeking an accounting, defending a trustee, or pursuing remedies available under Florida law.

QUICK FACTS ABOUT FLORIDA TRUST LITIGATION:

• Beneficiaries and trustees may both need representation: Trust litigation can involve claims brought by beneficiaries as well as defenses raised by trustees or other fiduciaries.
• Trust validity can be challenged: Disputes may involve undue influence, lack of capacity, fraud, improper execution, or disputed amendments.
• Trustee conduct can be reviewed: Litigation may involve distributions, investments, compensation, accountings, conflicts of interest, or alleged breaches of fiduciary duty.
• Courts have broad remedies: Depending on the circumstances, a court may order an accounting, require repayment or restoration of property, suspend or remove a trustee, reduce compensation, or grant other appropriate relief.
• Deadlines can be short: For certain challenges to a revocable trust after the settlor’s death, Florida law can impose a six-month deadline after specified notice is provided.
• Many disputes turn on documents and records: Trust instruments, amendments, accountings, financial records, communications, and evidence surrounding the settlor’s decisions can become important in determining the parties’ rights.

Common Grounds for Trust Litigation in Florida

Trust litigation can involve challenges to the validity of a trust as well as disputes concerning how a trust is being administered. Below are some of the most common issues that can lead to trust litigation in Florida:

Undue Influence – When someone manipulates the settlor to alter a trust for their own benefit. Often involves elder exploitation or coercion by a caregiver or family member.

Lack of Mental Capacity – If the person creating or modifying the trust did not have the legal capacity to understand what they were signing, the trust may be invalid. 

Breach of Fiduciary Duty – Trustees have strict legal obligations under Florida law. Mismanagement, self-dealing, or failing to provide accountings can justify litigation.

Trustee Misconduct – Includes failure to make distributions required by the trust, abuse of discretionary authority, excessive or unauthorized compensation, or other violations of the trust’s terms or the trustee’s fiduciary duties.

Removal of a Trustee – Florida law allows a trustee to be removed under certain circumstances, including a serious breach of trust, unfitness or persistent failure to administer the trust effectively, or other grounds specified in Florida Statute § 736.0706.

Improper Execution – Florida has specific requirements for creating a valid trust. If those legal formalities weren’t followed, the trust may be challenged.

Fraud or Forgery – If the creation, amendment, or restatement of a trust was procured by fraud, or if a disputed trust document contains a forged signature, the affected trust document or portion may be challenged as invalid.

Ambiguous Language – Confusing or contradictory language in the trust can lead to disputes over interpretation and inheritance rights.

Who Can Contest a Trust in Florida?

Not everyone has the legal right to challenge a trust in Florida. Standing depends on the nature of the proceeding and whether the person has a legal interest that may reasonably be affected by its outcome.

Individuals who may have standing to contest a trust include:

• Current trust beneficiaries
• Heirs who would inherit if the trust were declared invalid
• Beneficiaries who were removed or disinherited through a trust amendment
• Successor beneficiaries whose inheritance rights may be affected
• Certain trustees or fiduciaries with a legal interest in the administration of the trust

Simply disagreeing with the terms of a trust is not enough to bring a lawsuit. Whether a particular person has standing depends on the specific trust, the type of claim being asserted, and how the outcome could affect that person’s legal or beneficial interests.

Because questions of standing can be complex, it is important to consult with an experienced Florida trust litigation attorney as soon as concerns arise. Acting quickly is especially important because trust contests are often subject to strict legal deadlines.

Defending Trustees and Fiduciaries in Florida

Trust litigation does not only involve beneficiaries challenging a trust. Trustees and other fiduciaries may also need legal representation when they are accused of breaching their duties, mismanaging trust assets, failing to make required distributions, withholding information, or otherwise violating the terms of a trust.

A trustee facing litigation may need to defend decisions involving investments, distributions, compensation, accountings, administration expenses, or the interpretation of disputed trust provisions. In some cases, allegations arise from disagreements over discretionary decisions rather than actual misconduct.

Di Pietro Partners represents trustees and fiduciaries in contested trust matters throughout Florida. Our attorneys can evaluate the claims, review the trust documents and administration history, respond to beneficiary allegations, and defend the trustee’s actions through negotiation, mediation, or litigation when necessary.

Statute of Limitations for Contesting a Trust in Florida

Trust disputes are subject to strict legal deadlines under Florida law. For a trust that was revocable at the settlor’s death, Florida Statute § 736.0604 provides that an action contesting the validity of the trust must be filed by the earlier of the applicable limitations period under Chapter 95 or six months after the trustee sends the person a copy of the trust instrument together with the notice required by the statute.

While the applicable deadline depends on the specific circumstances of the case, waiting too long can result in a claim being permanently barred regardless of its merits. Because trust contests often involve complex procedural requirements and fact-specific timelines, it is important to consult with an experienced Florida trust litigation attorney as soon as concerns arise.

If you believe a trust was created or amended through undue influence, lack of capacity, fraud, improper execution, or other misconduct, taking prompt action may be critical to protecting your rights.

Why Hire Di Pietro Partners for Florida Trust Litigation?

When your inheritance, family legacy, or responsibilities as a trustee are at stake, you need more than an attorney who understands probate law. You need a litigation team with substantial courtroom experience, focused knowledge of Florida trust law, and the ability to handle a dispute from initial investigation through mediation, evidentiary hearings, and trial.

At Di Pietro Partners, we represent clients on both sides of complex Florida trust disputes, including beneficiaries and heirs pursuing claims as well as trustees and fiduciaries defending their actions. Led by nationally recognized trial attorney David Di Pietro, our firm combines extensive litigation experience with direct attorney involvement and individualized strategy.

20+ Years of Litigation Experience

David Di Pietro has more than 20 years of litigation experience, has tried more than 70 jury trials, and has handled hundreds of bench trials and evidentiary hearings. Our attorneys approach contested trust matters with litigation in mind from the beginning and are prepared to take a case to court when necessary.

Experience Representing Both Sides of Trust Disputes

We represent beneficiaries, heirs, and other interested parties in claims involving undue influence, disputed trust amendments, trustee misconduct, and breaches of fiduciary duty. We also defend trustees and fiduciaries facing allegations concerning distributions, investments, accountings, compensation, and other trust-administration decisions.

Experience in High-Value and Complex Trust Litigation

Our firm handles substantial trust and estate disputes involving significant assets, closely held businesses, contested inheritances, fiduciary claims, disputed trust amendments, and complex financial issues. These matters often require careful analysis of estate planning documents, business interests, investment assets, fiduciary decisions, and competing beneficiary claims.

Direct Attorney Involvement

Di Pietro Partners is a boutique litigation firm where clients work directly with the attorneys handling their cases. This allows our lawyers to understand the financial, family, and fiduciary issues involved and develop a strategy tailored to the specific trust dispute rather than relying on a one-size-fits-all approach.

Nationally Recognized Legal Analysis

David Di Pietro regularly provides legal analysis for national media outlets including Fox News, CNBC, Court TV, and others. His commentary has included nationally followed fiduciary and conservatorship matters such as the Britney Spears conservatorship proceedings, where he discussed issues involving fiduciary responsibility and court oversight.

About Our Trust Litigation Team

At Di Pietro Partners, our trust litigation team is composed of experienced trial attorneys with substantial courtroom experience in complex probate and trust disputes. Led by founding partner David Di Pietro, our lawyers bring decades of combined courtroom experience to each case, protecting clients’ financial interests, inheritance rights, and fiduciary responsibilities.

We represent beneficiaries, heirs, trustees, and fiduciaries in complex trust and estate litigation throughout Florida. Whether your case involves undue influence, trustee misconduct, a contested trust amendment, or breach of fiduciary duty, our team has the litigation experience to navigate complex trust disputes through negotiation, mediation, and trial.

Meet Our Key Trust & Probate Litigators

Florida Trust Laws

Understanding Florida trust laws is essential when dealing with a trust dispute. These laws govern how trusts are created, administered, and challenged in Florida circuit court.

The Florida Trust Code, found in Chapter 736 of the Florida Statutes, establishes many of the legal rights and responsibilities of trustees, beneficiaries, settlors, and other parties involved with Florida trusts.

For a deeper legal overview, read our Complete Guide to Florida Trust Laws.

Trust Litigation & Florida Trust Laws in 2026

Florida trust laws have undergone meaningful changes in recent years, and those updates continue to directly impact how trust disputes are handled in 2026. Trustees, beneficiaries, and fiduciaries should understand how these laws affect their rights, duties, and potential exposure to litigation.

1. Fiduciary Law Update: UFIPA (In Effect Since Jan. 1, 2025)

Florida has adopted the Uniform Fiduciary Income and Principal Act (UFIPA), which governs how fiduciaries allocate receipts and disbursements between income and principal and addresses related fiduciary administration issues.

Why it matters in 2026:
UFIPA provides fiduciaries with updated rules for allocating receipts and expenses between income and principal and, in certain circumstances, allows a fiduciary to adjust between income and principal without court approval. These powers must be exercised consistently with the fiduciary duties and standards established by Chapter 738, including the obligation to administer the trust or estate impartially where applicable.

2. Florida Trust Code Changes Under CS/CS/SB 262

Recent amendments to the Florida Trust Code, including those enacted through CS/CS/SB 262, continue to influence trust administration and litigation:

Decanting Authority: The law clarifies Florida’s existing trust-decanting rules, including when an authorized trustee may modify the terms of an existing trust or appoint trust principal to another trust for the benefit of beneficiaries.

Ademption by Satisfaction: For revocable trusts that become irrevocable on or after July 1, 2025, a lifetime gift or distribution to a beneficiary may be treated as satisfying all or part of that beneficiary’s devise if the trust instrument provides for it, the settlor or trustee states it in a contemporaneous writing, or the beneficiary acknowledges it in writing.

Successor Trustee and Fiduciary Claims: The law clarifies that a successor trustee or other person acting on behalf of a trust generally cannot pursue a claim against a prior trustee if the beneficiary whose interests are being represented would already be barred from bringing that claim.

These provisions are now in effect and can affect trust administration, beneficiary rights, and potential litigation, making careful compliance and documentation important for trustees and other fiduciaries.

3. Beneficiary Information and Accounting Rights

Florida law provides qualified beneficiaries with important rights to information about a trust and its administration. Under Florida Statute § 736.0813, trustees must keep qualified beneficiaries reasonably informed and, in many circumstances, provide trust documents, information concerning trust assets and liabilities, and periodic accountings. However, while a trust remains revocable, these duties generally extend only to the settlor.

These rights can be especially important in trust disputes involving delayed distributions, unexplained transactions, trustee compensation, or suspected misuse of trust assets.

Florida Trust Litigation FAQs

Q. What happens when you contest a trust in Florida?
When a trust is contested, common outcomes may include:

Case Dismissal – If the court finds no legal grounds for the challenge, the case may be dismissed early.

Out-of-Court Settlement – The parties may resolve some or all of their disputes through a negotiated settlement or, where permitted under Florida law, a nonjudicial settlement agreement. Any nonjudicial settlement agreement must comply with the requirements of Florida Statute § 736.0111.

Trial – If a settlement isn’t reached, the case may proceed to trial in Florida circuit court, where the parties present evidence and the judge determines the disputed issues.

An experienced trust litigation attorney can guide you toward the most favorable outcome based on your situation.

Q. Who can challenge a trust in Florida?
A person must have legal standing to challenge a trust. Whether someone has standing depends on the specific proceeding and whether that person has a legal or beneficial interest that may reasonably be affected by the outcome. Beneficiaries, heirs, former beneficiaries, and other interested persons may have standing depending on the circumstances.

Q. What are common grounds for trust litigation in Florida?
Trust litigation can arise from challenges to the validity of a trust, including claims involving undue influence, lack of capacity, fraud, or improper execution. Other disputes may involve trustee misconduct, breach of fiduciary duty, removal of a trustee, disputed distributions, accountings, or disagreements over the meaning of ambiguous trust provisions. Every case is different, so the applicable legal claims depend on the trust documents and the specific facts involved.

Q. Do you represent beneficiaries in trust disputes?
Yes, we regularly represent beneficiaries in trust-related claims. This includes cases involving trustee misconduct, unfair distributions, elder exploitation, or disputes over amendments to the trust. Our goal is always to protect the beneficiary’s rightful interest and ensure the trust is administered properly.

Q. Do I need an attorney to contest or defend a trust?
Whether an attorney is legally required can depend on the parties involved and the capacity in which they are appearing. However, trust litigation is often complex and can involve high-value assets, family conflict, evidentiary issues, fiduciary duties, and strict procedural deadlines. Working with an experienced Florida trust litigation attorney can help you evaluate the claim, comply with court procedures, and protect your legal interests.

Q. Do you defend trustees accused of wrongdoing?
Absolutely. Our attorneys routinely defend trustees facing accusations of mismanagement, breach of fiduciary duty, and other legal claims. We help trustees comply with Florida’s Trust Code, protect against personal liability, and resolve disputes efficiently—whether through negotiation or trial.

Q. How long do I have to contest a trust in Florida?
The deadline depends on the type of claim and the circumstances. For a trust that was revocable at the settlor’s death, Florida Statute § 736.0604 provides that a challenge to the validity of the trust must generally be filed by the earlier of the applicable limitations period under Chapter 95 or six months after the trustee sends the person a copy of the trust instrument together with the notice required by the statute.

Other trust-related claims, such as breach of fiduciary duty claims against a trustee, may be subject to different deadlines. Because these time limits can be shortened by formal notices or trust disclosure documents, it is important to evaluate a potential claim promptly.

Trust Litigation Lawsuits Involving Undue Influence

Undue influence is one of the most common and emotionally charged grounds for trust litigation in Florida. It typically arises when a trust is changed or created under suspicious circumstances. Typically the trust is modified in a way that significantly benefits one person far more than others, especially if that person had access, control, or leverage over the settlor.

In many of these cases, the influencer is a caregiver, adult child, new spouse, or close associate who isolates the settlor and gradually exerts control over their decisions. This influence may be subtle, such as persistent persuasion during a period of vulnerability, or more direct, involving manipulation, guilt, or fear. The result is often a trust that no longer reflects the settlor’s original wishes.

Florida courts take these claims seriously but require evidence. Judges look at the nature of the relationship, the timing and content of the trust amendments, and whether the influencer arranged for or was present during the drafting of the documents. If undue influence is proven, the trust or the portion of the trust procured by undue influence may be declared void, while unaffected portions may remain valid.

Trust Litigation Lawsuits Involving Lack of Capacity

Disputing the validity of a trust on the grounds of “lack of capacity” means that the trust was executed by an individual that may not have done so with a sound mind. One common example of this dispute involves the creator of the trust having an age related illness such as Alzheimer’s or Dementia. In these circumstances, it’s fairly easy for a malicious person to take advantage of an elderly individual’s deteriorating mental state and create/modify the trust for their own benefit.

A diagnosis of Alzheimer’s disease, dementia, or another cognitive condition does not by itself establish that the settlor lacked legal capacity. The key issue is whether the settlor had the required capacity at the time the trust was created, amended, revoked, or otherwise modified.

Other aspects of disputing a trust on the grounds of lack of capacity may include:

• Influence of drugs (i.e. morphine or other medications)
• Brain damage
• Other illnesses that may significantly influence someone’s mental state

Under Florida Statute § 736.0601, the capacity required to create, amend, revoke, or add property to a revocable trust is the same as the capacity required to make a will. If the settlor lacked the required capacity when creating or modifying a revocable trust, the validity of the trust or amendment may be challenged.

Trust Litigation Lawsuits Involving Improper Execution

Under Florida Statute §736.0403, Florida law imposes specific execution requirements on certain trusts, including the testamentary aspects of a revocable trust executed by a Florida domiciliary. If the applicable signing, witnessing, or other statutory requirements are not followed, all or part of the trust may be challenged as invalid. Even procedural errors such as missing required witnesses or failure to comply with applicable execution formalities can lead to litigation and potentially void all or part of the trust.

Improper execution disputes often arise when a trust is created without legal guidance. For a trust to be valid, the settlor must have the legal capacity to create it, and certain provisions of a revocable trust executed by a Florida domiciliary must satisfy signing and witnessing requirements similar to those required for wills. This generally includes two attesting witnesses for testamentary provisions of the trust.

Mistakes like backdating, post-signature alterations, or a lack of clarity on whether the settlor reviewed the final document can all give rise to challenges. These cases can become especially contentious if one party benefits substantially from an improperly executed trust, triggering accusations of fraud, concealment, or undue influence.

In litigation, courts examine the timeline, intent, and credibility of the parties involved, often relying on testimony from attorneys, witnesses, and experts. For those contesting or defending a trust on execution grounds, experienced legal representation is essential. Di Pietro Partners has successfully litigated these disputes, ensuring that improperly created trusts do not override the true intent of the settlor.

Trust Litigation Lawsuits Involving Trustee Misconduct

Trustees have a legal duty to administer the trust in good faith, in accordance with its terms and purposes, the interests of the beneficiaries, and the Florida Trust Code. When a trustee violates the trust’s terms or fails to meet their fiduciary responsibilities, beneficiaries may pursue legal action to protect their rights.

Common examples of trustee misconduct include:

• Self-dealing or using trust assets for personal gain
• Excessive or unauthorized compensation
• Failure to make distributions required by the trust, or abuse of the trustee’s discretionary distribution authority
• Imprudent investment decisions or failure to appropriately manage and diversify trust assets
• Failure to provide required accountings
• Disregard for the trust’s instructions or intent

If misconduct is proven, the court may order corrective action or even remove the trustee entirely.

What Remedies Are Available in Florida Trust Litigation?

When a trustee breaches a legal duty or trust administration goes wrong, Florida Statute § 736.1001 gives Florida courts broad authority to remedy a breach of trust. Depending on the facts of the case, the court may:

• Require the trustee to perform duties required by the trust or Florida law
• Order the trustee to provide an accounting
• Require repayment of money or restoration of trust property
• Suspend or remove the trustee
• Reduce or deny trustee compensation
• Appoint a special fiduciary to administer trust property
• Impose a lien or constructive trust on property in appropriate circumstances
• Grant other relief necessary to remedy the breach

The remedy depends on the nature of the misconduct, the harm caused, and the relief requested by the parties.

Breach of Fiduciary Duty

Florida trustees owe a number of fiduciary duties under the Florida Trust Code, including duties to administer the trust in good faith, act loyally and prudently, and provide required information and accountings to beneficiaries. When a trustee fails to uphold these duties, it can cause financial harm and justify removal or legal action.

Common breaches include:

• Making investment decisions that violate Florida’s prudent investor standard
• Mixing personal assets with trust property (commingling)
• Failing to provide timely accountings or disclose information
• Unauthorized transfers, misuse of funds, or outright theft
• A proven breach of fiduciary duty can result in court intervention, restitution, and trustee replacement.

If a breach of trust is proven, the court may order remedies such as requiring the trustee to pay money or restore property, compelling an accounting, reducing or denying trustee compensation, suspending or removing the trustee, or granting other appropriate relief.