Can You File A Lawsuit Against A Trustee?
Are you considering filing a lawsuit against a trustee? If so, it’s important to understand how the law applies to trusts and trustees and whether or not it is possible to sue them. Generally speaking, you cannot sue a trust directly as they are not considered legal entities under the law. However, you can take legal action against the trustee of the trust.
The Pompano Beach estate and trust litigation lawyers at the office of Mark R. Manceri, P.A. can explain when and why someone may want to file a lawsuit against a trust, as well as how one should go about doing so. Mark R. Manceri has extensive experience in handling all types of lawsuits related to estates, probates, and trusts throughout the state of Florida, including Pompano Beach and Fort Lauderdale.
What Is A Trust?
A trust is an arrangement that allows someone else (the “trustee”) to manage assets for another person (the “beneficiary”). The trustee has legal control over the assets held in the trust but does not actually own them; instead, they are owned by the beneficiary. According to The Florida Bar, the trustee invests and manages the assets held in a living trust during the trustor’s lifetime.
This arrangement can be used for various purposes, such as avoiding probate or estate taxes, protecting assets from creditors, or providing for disabled family members.
When Should You Sue A Trustee?
As mentioned earlier, you cannot sue a trust directly, but you can sue a trustee. You may want to sue a trustee if they have mishandled funds or failed to fulfill their fiduciary duties—that is, their duties of care and loyalty towards their beneficiaries. Examples of this include failing to properly invest funds or misappropriating money for their own personal use. In these situations, it is possible to file a lawsuit against the trustee in order to recover damages or other losses suffered as a result of their negligence.
How Do You File A Lawsuit Against A Trustee?
In order to file a lawsuit against a trustee, you must first determine who is responsible for managing the trust and then obtain proof that they have breached their duty of care by mishandling funds or otherwise acting outside of their authority.
Once these steps are completed, you can then file your lawsuit with the appropriate court in your jurisdiction and present your case against them before a judge. Depending on the circumstances of your case, you may also be able to seek punitive damages from the trustee if they are found liable for any wrongdoing.
Keep in mind that filing a suit takes time and resources, so it should only be done after careful consideration of all available options in order to ensure that justice is served appropriately. Suing the trustee can help protect beneficiaries from harm caused by the trustee’s negligence and assist them in recovering any losses suffered due to breaches of duty.
Discuss Your Legal Options with Mark R. Manceri
Filing a lawsuit against a trust may seem daunting (if not impossible). However, with proper preparation and knowledge of how trusts operate under the law, it is possible to take legal action against trustees who have violated their fiduciary duties. Consider speaking with a probate & trust litigation lawyer at Mark R. Manceri, P.A., to talk about your legal options and discuss what remedies may be available in your unique situation. Call 954-491-7099 today.
Source:
floridabar.org/public/consumer/pamphlet028/
