{"id":7090,"date":"2022-06-30T08:45:00","date_gmt":"2022-06-30T12:45:00","guid":{"rendered":"https:\/\/yourfloridaprobatelawyer.com\/?p=7090"},"modified":"2022-06-02T07:18:38","modified_gmt":"2022-06-02T11:18:38","slug":"how-do-i-sue-a-trust-in-florida","status":"publish","type":"post","link":"https:\/\/yourfloridaprobatelawyer.com\/how-do-i-sue-a-trust-in-florida\/","title":{"rendered":"How Do I Sue a Trust in Florida?\u00a0"},"content":{"rendered":"\n

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Filing a lawsuit against a Florida trust<\/a> may be a complex task. Depending on the trust’s purpose and whether the complaint is made against the trustees, it may result in the unenforceability of a judgment against a trust.\u00a0<\/p>\n\n\n\n

In this article, you will find out how to sue a trust in Florida. <\/p>\n\n\n\n

Filing a Lawsuit Against a Florida Trust \u2013 Identifying Feasible Legal Grounds  <\/h2>\n\n\n\n

The primary element of a trust lawsuit is determining the reason to sue a trust. Each case’s circumstances are different, which requires a detailed assessment from an experienced attorney to identify the right strategy. <\/p>\n\n\n\n

It is possible to sue the trust directly or sue the trustee responsible for the trust’s administration. Florida case law has different court decisions showing distinct judgments for trust lawsuits.  <\/p>\n\n\n\n

In most cases, Florida courts are unwilling to interfere in a trust arrangement to satisfy creditors’ claims and judgments against the trustor’s death. While there are cases in which creditors managed to collect from trust property<\/a> to satisfy unpaid debts, it is not the rule in Florida.\u00a0\u00a0<\/p>\n\n\n\n

Conversely, it is possible to find cases in which a Florida court pierced the protective veil of trust to permit the claimant to recover owed child support or alimony from the defendant’s assets held in trust. <\/p>\n\n\n\n

How to Sue a Trust in Florida? \u2013 Taking a Closer Look <\/h2>\n\n\n\n

With specific exceptions, Florida Statutes \u00a7736.0201(1) provides that “judicial proceedings concerning trusts shall be commenced by filing a complaint and shall be governed by the Florida Rules of Civil Procedure.” <\/p>\n\n\n\n

Florida Statutes \u00a7736.0201(2) specifies that “the court may intervene in the administration of a trust to the extent the court’s jurisdiction is invoked by an interested person or as provided by law.” <\/p>\n\n\n\n

The reasons to request court intervention in a Florida trust vary. Under Florida Statutes \u00a7736.0201 (4), “a judicial proceeding involving a trust may relate to the validity, administration, or distribution of a trust, including proceedings to: <\/p>\n\n\n\n