Tampa Charitable Trust Litigation Attorney

You have done a lot of good in your lifetime, giving back to charities that help those in need. You want to do good after you pass away, as well. One way to do this is to leave part or all of your legacy to a charity using a charitable trust. When you establish a charitable trust, you can manage it and the property within it during your lifetime. You can also name a successor trustee who will take over management of the trust after you pass away. Below, our Tampa charitable trust litigation attorney outlines some of the most common reasons these documents end up in litigation and how to avoid it.

Undue Influence

When a charitable trust is contested on the grounds of undue influence, it means the settlor, or the person creating the trust, was coerced or tricked by a third party. For example, if someone within the charitable organization manipulated the settlor into leaving their property to them, that is reason to contest a trust.

Mental Capacity

It is possible to contest a trust on the grounds of lack of mental capacity. Essentially, this means the settlor was not of sound mind when they created the trust and therefore, it is not valid. Illnesses such as dementia can render someone incapable of drafting a trust. Brain damage, influence of illegal and prescription medications, and other illnesses can also render someone mentally incapable of making legal decisions, including trust creation.

Improper Execution

All trusts, including charitable trusts, must be properly executed in Florida. For example, one of the most basic requirements on trusts in Florida is that they are signed by the settlor. It is important to work with an attorney any time you want to create a trust to ensure that it is drafted and executed properly. If it is not, it provides a reason to contest the trust, which can end in litigation.

Problems with the Trustee

Trustee issues are one of the most common reasons trusts are contested in Florida. With charitable trusts specifically, one of the most common reasons for litigation is that the trustee did not act properly. For example, all property within a charitable trust is likely designated for a charitable or non-profit organization. If the trustee did not distribute all property to the intended charity but instead, kept some of it for themselves, that is an action that would likely end in litigation.

Our Charitable Trust Litigation Attorney in Tampa Can Help with Your Case

At BBDG Law, our Tampa charitable trust litigation attorney has an in-depth knowledge of trusts, as well as extensive experience with the probate process in Florida. Regardless of the complexity of your case, our experienced attorney can guide you through your legal issues and give you the best chance of a favorable outcome. Contact us today by calling (813) 221-3759 or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can assist with your case.