• 201 E Pine St #445 Orlando, FL 32801
  • (407) 647-7887
  • aducker@cplspa.com
April 7, 2020

Best Trust Administration & Litigation in Orlando Attorney

by Alex in Elder Law

Administration of the Living Trust After the Death of the Trust Maker

Do you need the most trusted and recommended trust administration and litigation in Orlando to assist you in the post-death administration of a living trust in Florida? Do you need the administration of a trust or estate in the event of a trust maker’s death? Contact Trust Administration and Litigation in Orlando Attorney Aubrey Harry Ducker Jr.

About Aubrey Harry Ducker Jr.

Professional Trust Administration and Litigation in Orlando Attorney Aubrey Harry Ducker Jr. gives you professional legal advice and has been able to provide clients with the results they need for many years. Attorney Aubrey Ducker helps you get through all the legal issues of your family as quickly and painlessly as possible. Advanced in problem-solving techniques, Aubrey Harry Ducker Jr. can help you solve your family law cases easily. Attorney Aubrey Harry Ducker Jr. can find ways to help you reach a healthy and acceptable conclusion. Let’s look at what the best trust administration and litigation in Orlando can do for you.

Conscientious, Reliable Advice from the Attorney’s Office of Top Trust Administration and Litigation in Orlando

When a trust is created, an administrator, called the trustee, will administer it. The trustee and the person for whom the trust is created are often one and the same. A successor trustee is named in this case too. The trustee’s duty is to manage the real property, funds (cash or investments), insurance, and other assets included in the trust. It is also the trustee who is responsible for managing asset distribution.

Attorney Aubrey Harry Ducker Jr. can find ways to help you reach a healthy and acceptable conclusion.

Duty of a Florida Trustee

As specified by the Florida statute, the trustee shall behave in good conscience, in compliance with the grantor’s wishes – the individual who established the trust. Administration of trust requires close regard to the wishes of the Grantor. A well-drafted trust, provided by an experienced Attorney for Trust Administration and Litigation in Orlando, will explain these wishes simply and clearly.

When you’re a trustee and a loved one passes away, the last thing on your mind will be to be managing their trust. However, trustees do not always have to get started immediately. Allow yourself time to cope and heal from your loss for about a month before plunging into your duties as a trustee. It’s smart to not delay too long though – as the trustee, it’s your moral duty to behave in the beneficiaries ‘best interests.

Best Trust Administration in Orlando

As an Orlando Attorney for Trust Administration and Litigation in Orlando, we often help trustees handle their loved ones ‘properties. Although trustees don’t need to appoint an attorney to administer their trust in Orlando, Fl, it is always the case that a few thousand dollars in attorney’s fees will save you a lot of stress, time and energy in maintaining the trust. An experienced attorney will have been successful with multiple Trust Administration and Litigation in Orlando, FL. They will be very familiar with the local court system.

However, you are not necessarily going to have to pick an attorney before you get started on the trust administration. The first few phases of trust administration in Florida are mainly to collect details. If it comes to making wise financial decisions on behalf of trustees, filing trust tax returns, funding sub-trusts, or selling real property, an attorney may help you with the correct and lawful administration of your trust.

What is Trust Litigation?

Getting a trust is an essential part of estate planning and helps you to decide who gets everything from your assets and what it is received. Trusts usually allow greater flexibility and peace of mind than wills, and they are also the chosen form of estate planning. If there are any concerns or discrepancies that occur in reference to your trust, a Trust Litigation can result. The process can be time-consuming, costly and unpleasant for your families and loved ones. We’re going to break down some of the stuff you can do to prevent a trust litigation. feel free to contact us if you’re looking for an estate planning attorney who can guide you through details.

For more on trusts, see our article, Trust Administration and how can it help you?

What Causes Trust Litigation?

Trust litigation happens when a judge is required to settle some disagreement over the trust. Many of the most frequent causes of such disagreements are questions of trust legality. It can include but is not limited to, examining the sound mind of the trustor / deceased at the time of writing the trust. they also include allegations of misuse of funds by the trustee, or suspicion of manipulation or coercion upon the trustor/deceased.  If these disputes reach a point where the family cannot submit to them, the parties can obtain legal representation in order to dispute the trust, which would trigger a trust litigation.

How to Avoid Trust Litigation

The first step in preventing a trust litigation is to ensure that you deal closely with a trustworthy estate planning attorney. Relaying your thoughts to the attorney would give you a peace of mind. They are mindful of your situation and will assist you through the process. There are some personal checks you can make to assure that your trust is as secure as possible.

 

1. Communication is key to all of this.

Making sure that the beneficiaries are aware of their status. It is a strong way to ensure that they are not blindsided or in contest with their future inheritance. It will also provide a witness who will validate that the trust statements represent your wishes.

2. Clarity in the Trust.

It is important to communicate with your attorney to ensure that the jargon is clear and concise within the trust. Complex legal jargon or ambiguous language can create confusion between the trustee and the beneficiary. The estate planning process includes making sure that your expectations are clearly expressed.

3. Trust the Trustee, please.

Choosing your trustee is essential to ensure the proper execution of your trust. They should also be someone you know who would be able to understand and communicate your intentions properly. This should be as described in the trust. If you don’t feel confident turning over this vital position to someone you know personally, you can employ an outside trustee. If this occurs and you’re unsure which one of your family has a part to play, you can contact your estate planning attorney.

4. Anticipate Conflicts.

If there are elements of your trust that you feel may give rise to disputes, there are measures that your attorney should take to ensure that these elements are transparent and secure. Such situations may involve a potentially unexpected decision. This could include disinheriting a family member or deciding who to leave a special, cherished possession.

5. Keep your trust up to date.

If the estate or family scenario changes, be sure to review and amend your trust in order to represent the latest details and amend any records. Inconsistencies may be a big fuel to cause litigation.

Aubrey Law

These are just some of the steps you can take to manage your trust and ensure that your trust does not enter litigation. The legal process is complex. There are several unique circumstances that you may not have considered when originally planning your estate. For more information on Trust Administration in Orlando Florida, Contact Lawyer Aubrey Harry Ducker Jr., Attorney, and Counselor. Our Attorneys handle all legal representations ranging from Family Law to Elder Law. Call us at (407) 647-7887 or give us a message. You can also visit the offices of Attorney Aubrey Ducker Jr. Aubrey Ducker Jr. serving Orlando and surrounding areas like Altamonte Springs, Longwood, Maitland, Oviedo, Winter Garden, Winter Park, and Winter Springs.