A trust arises when property (real or personal, tangible or intangible) is transferred by one party to be held by another party for the benefit of a third party. It is also possible for a legal owner to create a trust of property without transferring it to anyone else, simply by declaring that the property will be held for the benefit of the beneficiary.

Picture2Palm Beach Trustee Lawsuit Attorney

Complications can arise when parties involved challenge the validity of the trust based on possible mistakes during the execution, the possible undue influence of a person in a position of confidence and control, or the lack of capacity of the person making the trust to understand the details of the trust. The Law Office of David M. Garten, Esq., assists people who have trust litigation matters in Palm Beach County, Martin County, and Broward County. With more than 30 years of legal experience handling highly emotional disputes, hotly contested issues, and complex litigation, Mr. Garten has the experience necessary to handle these highly complicated issues. Contact the firm online or by calling 561-689-0054.

truth-257160Examples of trust litigation include:

  • Client bank is the trustee of a substantial trust. Client is sued by the trust beneficiaries for making improper distributions of trust assets.
  • Client is the successor trustee of a trust. The prior trustee improperly borrowed $100,000 from the trust and never returned the money. Client is sued by a beneficiary for the prior trustee’s actions.
  • Client is the trustee of a trust. Client relies on his accountant’s negligent advice in preparing the tax return for that trust. The trust incurs substantial tax penalties and client is sued by the beneficiaries to recover those penalties.
  • Beneficiaries sue to amend an irrevocable trust to provide for an accelerated distribution of trust assets and termination of the generation skipping trust established for their children.

The Law Office of David M. Garten, Esq., assists West Palm Beach, Florida, residents with trust litigation matters ranging from multimillion-dollar will/trust contests to small disputes. Attorney Garten has a strong understanding of the legal, factual, financial, tax and personal issues of each case. This allows him to develop and execute an effective plan of action that addresses all facets of a case while working to meet his clients’ goals. To speak with a lawyer, contact the firm online or by calling 561-689-0054.

To learn more about trusts and trust litigation, click here to take a look at our articles.