Guiding Clients Through Trust Administration And Litigation

Trusts are an excellent resource for protecting the rights of their beneficiaries. However, the rights and interests of beneficiaries can be compromised when those entrusted with the estate's affairs (trustees) fail to act in accordance with the terms of the trust and the law.

Place Our More Than 35 Years Of Experience At Your Side

At Cloninger & Files, Attorneys at Law, our team of lawyers and professional staff know firsthand the emotional and financial challenges facing families in Oviedo and throughout Florida as they grapple with the loss of a loved one. When administering and distributing assets held in trust, it's important to work closely with an attorney who can guide you through the trust administration and distribution process.

In addition to helping clients administer trusts, we are experienced litigators with extensive knowledge of what goes into creating wills, trusts and other planning instruments. It's this breadth of knowledge that renders our team well-equipped to help trustees execute their duties while also ensuring the rights of beneficiaries are protected.

Breach Of Fiduciary Duty And Trust Litigation

There are numerous factors a trustee must consider during the administration of a trust, including the valuation of property, accounting of other assets (including bonds, stocks, pensions, IRAs and other retirement funds), identifying and managing outstanding liabilities, as well as the final administration and distribution to heirs in accordance with the terms of the trust.

If a trustee fails in his or her duty to properly follow the terms of the trust, beneficiaries may file a lawsuit for breach of fiduciary duty.

Breach of fiduciary duty may include:

  • Taking money from the trust
  • Conflicting interests
  • Failure to properly make distributions
  • Acting in self-interest
  • Failing to administer the trust according to the terms outlined by the trust
  • Abusing discretionary distributions

Whether you are a trustee or a concerned beneficiary, our attorneys at Cloninger & Files can help you make sense of your situation, take meaningful action and protect your interests. By taking a personal, compassionate approach, we balance aggressive litigation strategies with the clear counsel to ensure you understand your options.

Your Attorneys. Your Representatives.

We encourage you to reach out to us at Cloninger & Files by calling our Oviedo law office at 407-278-5624 or toll free at 877-359-7049. You can also schedule a consultation by completing our online contact form.