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Can a Florida Trust be Contested?

By Phil Rarick, Weston Trust Attorney, and Jasmine Benitez, Legal Assistant

Estate planning is essential for ensuring your wishes are carried out after you are gone. Today, the preferred choice for estate planning is a living revocable trust. But what happens if a qualified beneficiary disagrees with the terms of the trust? Can a Florida trust be contested? The short answer is yes. However, contesting a trust in Florida is not easy; there are specific legal grounds and procedures to follow.

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What is a Florida Beneficiary’s Right to Trust Accounting?

By Phil Rarick, Weston Trust Attorney, and Jasmine Benitez, Legal Assistant

In Florida, qualified beneficiaries of a trust have a legal right to receive an accounting from the trustee. This accounting is a detailed report of the trust’s financial activities, including income, expenses, distributions, and the status of trust assets. It ensures transparency and helps beneficiaries verify that the trustee is managing the trust according to Florida law.

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Can a Trustee Be Removed in Florida?

By Phil Rarick, Weston Trust Attorney, and Jasmine Benitez, Legal Assistant

The answer is yes – under certain circumstances, a trustee can be removed from their duties. A trustee has a high fiduciary responsibility to act in the best interest of the qualified beneficiaries, but if they fail to do so, there are legal grounds for removal.

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Should You Use a Lady Bird Deed or a Trust in Florida?

By Jacqueline R. Bowden Gold, Broward Estate Planning Attorney

When planning your estate in Florida, you may have heard about Lady Bird Deeds (Enhanced Life Estate Deeds) and Revocable Living Trusts as tools to transfer property while avoiding probate. But which is the better option for your situation? This guide will compare both, explaining their benefits, drawbacks, and key considerations.

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Does a Florida Land Trust Provide Asset Protection?

By Phil Rarick, Weston Trust Attorney, and Jasmine Benitez, Legal Assistant

Many real estate investors wrongly believe that a Florida Land Trust can offer asset protection. While this type of trust is known for providing privacy and simplifying estate planning, they do not provide comprehensive protection from creditors or legal claims.  A better option is often a multi-member Florida limited liability company with a strong operating agreement that takes advantage of Florida’s anti-Olmstead law.

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What is a Family Trust?

By Phil Rarick, Weston Trust Attorney

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What is the Best Probate Option for Me in Florida?

By Jacqueline R. Bowden Gold, Broward Probate Attorney

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BOI Report Filing Deadline Is December 31

By: Phil Rarick, Miami Trust Attorney

Note: This Alert is for any owner of a LLC, corporation, limited partnership, or professional association. It is in follow up to our past notices about the requirements of the Beneficial Ownership Information (BOI) report under the new Corporate Transparency Act (CTA) and the upcoming deadlines.

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Understanding Spousal Rights Under Florida Probate Law:

What You Need to Know

By Jacqueline R. Bowden Gold, Weston Probate Attorney

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Why Florida Residents Should Use Wyoming LLC with Caution

By: Jacqueline R. Bowden Gold, Miami Business Law Attorney

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Contact Information
Miami Lakes Office The Colonnade at Miami Lakes
6500 Cow Pen Rd #204
Miami Lakes, FL 33014
Phone: (305) 556-5209Fax: (305) 362-9525
Weston Office
2853 Executive Park Dr #103
Weston, FL 33331
Phone: (954) 360-8242Fax: (954) 556-5227
We serve clients throughout Florida including those in the following localities: Miami-Dade County including Doral, Hialeah, Kendale Lakes, Kendall, Miami, and Miami Lakes; and Broward County including Cooper City, Davie, Fort Lauderdale, Hollywood, Miramar, Pembroke Pines, Southwest Ranches, and Weston.

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