The attorney would review Florida Statutes in the year that the Trustee accepted the Trust and in some instances, the year the Trust was established.
The first step most experienced Florida Trust Litigation Attorneys take is to determine if the action is barred. While substantive law may not be applied retroactively, procedural provisions may be applied retroactively. Depending upon the circumstance, the Trust Litigation Attorney may use the procedural statutes of the current year to his or her advantage. For instance, a Trust Litigation Attorney may review Florida Statutes of 2005-2014 to cover a 2006 Trust case. There are a variety of strategic approaches a Florida Probate and Trust Litigation attorney may take to litigate the matter. Therefore, handling a Florida Trust Litigation case from an Irrevocable Trust that was established in 2006 or 2007 may need to be litigated differently than a Trust in 2014.ĭOES THAT MEAN A TRUSTEE MAY NOT BE LIABLE? In some sections, the statute did not take effect until July 1, 2007. In fact, they went from Chapter 737 to newly created Chapter 736. The Trust statutes changed dramatically in 2006. The inquiries dealt with decedents who passed in 2006 and early 2007. This is commonly referred to as a breach of trust whereby the trustee breached his or her duty to inform and account. Recently, there have been a few cases wherein a client inquires about a Trust in which the beneficiaries were not kept informed nor provided with a copy of the interim accounting or inventory. Florida Trust, Trust Litigation, Trusts In Florida
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