TRUSTS & ESTATES

BENEFICIARY RIGHTS

Being named a beneficiary of a trust entitles a person to certain rights. However, sometimes those rights are violated by Trustees who fail to manage their role responsibly. In those situations, beneficiaries should immediately contact an experienced beneficiary rights lawyer to protect their interests. 

At Minot Law we help beneficiaries fight for their inheritance rights by holding trustees accountable to their legal responsibilities.
 

WHAT ARE YOUR BENEFICIARY RIGHTS?

In general, beneficiaries have:

  1. The right to a copy of the trust and any amendments. 

  2. The right to contest the trust. Because time restrictions apply seek the help of a trust litigation attorney early.

  3. The right to be reasonably informed about the administration of the trust. Upon a reasonable request, you are entitled to a report about assets, liabilities, receipts, and disbursements relating to the trust that are relevant to your interest.

  4. The right to an accounting. A sample of the information in accounting could include the Trustee’s written statement of receipts, disbursements, the nature and value of assets and liabilities, the Trustee’s compensation, the names of the agents hired by the Trustee, their relationship to the Trustee and their compensation.

  5. The right to object and seek the court’s review of any accounting. 

  6. The right to compel a trustee to administer the trust according to its terms and avoid conflicts of interest and self-dealing. 

  7. The right to receive fair and impartial treatment from the Trustee.

  8. The right to ask a Judge to suspend the Trustee’s powers or replace him or her with a successor Trustee.

  9. The right to seek legal remedies if the Trustee has misappropriated trust assets.

  10. You have the right to receive timely distributions as outlined in the trust.

WHAT TO LOOK FOR WHEN HIRING A BENEFICIARY RIGHTS LAWYER

How does a beneficiary know when the time is right to contact a beneficiary rights lawyer? A beneficiary should seek the services of an attorney anytime they suspect the Trustee is failing to fulfill their duties properly. Waiting could jeopardize the benefits you are entitled to receive.

You may not be receiving information about certain transactions in a transparent fashion. As a result, you may have no idea what assets are in the trust. Perhaps you suspect that a Trustee or personal representative is misappropriating assets and funds. An experienced attorney can help you make sense of trust documents and advocate your rights as a beneficiary.

WHAT TO EXPECT FROM A BENEFICIARY RIGHTS LAWYER-CLIENT RELATIONSHIP

At Minot Law, a beneficiary can expect a customized strategy to achieve the best possible outcome. We focus our efforts on encouraging the trustee to fulfill his or her duties properly. However, we will not hesitate to fight for our clients’ rights, including entering into litigation when necessary. Additionally, we offer clients’ consistent communication so they remain informed about their cases.

Beneficiaries of trusts and wills should always feel comfortable and secure in their positions. If you feel that your rights as a beneficiary have been violated, please contact Minot Law. We welcome the opportunity to sit down with you during an initial consultation to talk about this or any other legal issue.

TRUST & ESTATE LITIGATION

Disputes often arise during the administration of a trust or a probate estate. Many times family conflicts and disagreements make the process difficult. Trust and estate litigation requires an experienced attorney who understands the complex legal issues involved while appreciating the delicate and highly emotional nature of these cases.

 

Our clients include family members, beneficiaries, heirs, personal representatives, trustees and other individuals with an interest in an estate or trust. We assist clients with matters involving:

 

  • Disagreements about who will serve as the personal representative

  • Claims the personal representative or trustee breached a duty 

  • Abuse or misuse of a financial power of attorney

  • Disputes between the personal representative and heirs or beneficiaries

  • Issues relating to valuation of assets

  • Business succession issues

 

 

Michael Minot has a record of successfully helping clients resolve disputes using informal means, saving them valuable time and money. But when litigation proves unavoidable, Mike combines in-depth understanding of trust and estate law with decades of experience in the courts to aggressively defend his clients’ interests.

TRUST & ESTATE LITIGATION
CASES WE HANDLE

TRUSTEE DEFENSE

ARE BENEFICIARIES TRYING TO REMOVE YOU AS THE TRUSTEE? ARE THEY SEEKING DAMAGES AGAINST YOU PERSONALLY? 
 

Beneficiaries, many times children, grandchildren or step-children of the settlor, are not always easy to satisfy. If you are a trustee and are accused of mishandling the trust then it is extremely important to obtain experienced legal help immediately. Trustees have a fiduciary duty to defend the trust and that includes defending their position as trustee. 

Most trustees accept the role without being fully prepared for the experience. Few realize how often beneficiaries can become angry at trustees sometimes causing legal trouble. In fact, beneficiaries may not only threaten removal but also seek personal damages from the trustee. 

 

At Minot Law we understand the challenges related to being a fiduciary like a trustee. We have helped many trustees navigate the challenges of their position. Having legal counsel on retainer can be valuable support. As a trustee you do not have to worry about costs. Florida law is clear. Trustees have the right to use trust funds to hire attorneys to help them administer the trust.  

YOU DESERVE AN EXPERIENCED ATTORNEY

WHY CHOOSE MINOT LAW

As a skilled litigation lawyer, Mike Minot represents clients in matters involving real estate, inheritance, and guardianship matters. Whatever your need, Mike Minot is the civil litigator you want on your side to first provide an accurate assessment of your case and then battle for the outcome you desire. With more than three decades of valuable experience, Michael is prepared for any scenario. You will recognize his devotion and ability from your first meeting.