When a trust is involved, a family disagreement can turn into a legal dispute quickly. A beneficiary may not be getting information, distributions may stop, a late amendment may change who inherits, or a trustee may be accused of putting their own interests first. Trustees can face their own pressure from beneficiaries who demand more than the trust allows. The Law Office of Brantley Oakey has represented clients in Florida since 2012 and handles trust disputes for beneficiaries, trustees, and family members in Naples and Collier County.
Call 239-963-2897 to talk through the trust, the people involved, and the options that may be available.
Trust disputes we handle
- Trust contests: challenges to a trust or a trust amendment based on lack of capacity, undue influence, fraud, duress, or improper signing. See how to challenge a suspicious trust amendment and how to challenge a trust amendment in Florida.
- Breach of fiduciary duty by a trustee: self-dealing, mismanaging investments, favoring one beneficiary, or ignoring the trust’s terms. See trustee breach of fiduciary duty in Florida.
- Accountings and information: beneficiaries who have not received notices, a copy of the trust, or accountings.
- Removal or suspension of a trustee.
- Trust interpretation: disputes over what the trust language means, including distributions and the trustee’s discretion.
- Defending trustees who are accused of wrongdoing or need court instructions before acting.
Disputes over a will or a personal representative are handled through the probate court. See our probate litigation page for will contests and personal representative disputes. Many families have both a will and a trust, so a single dispute can involve both.
How Florida trust disputes work
Florida’s trust code is in Chapter 736, Florida Statutes. Under section 736.0201, a court proceeding about a trust generally begins with a complaint and follows the Florida Rules of Civil Procedure. The court can decide whether a trust is valid, appoint or remove a trustee, review trustee fees and accountings, interpret the trust, and instruct the trustee.
A trustee’s duty to inform and account
Section 736.0813 requires a trustee to keep qualified beneficiaries reasonably informed. After a revocable trust becomes irrevocable, for example at the settlor’s death, the trustee generally must notify the qualified beneficiaries within 60 days of the trust’s existence and their right to request a copy of the trust and accountings. A trustee of an irrevocable trust generally must provide an accounting at least once a year. A beneficiary can waive accountings in writing. While a trust is still revocable, the trustee’s duties run only to the settlor.
Contesting a trust
Under section 736.0207, a person contesting a trust has the burden of proving the grounds for invalidity. A challenge to a revocable trust generally cannot begin until the trust becomes irrevocable, usually at the settlor’s death. Section 736.0604 can shorten the time to bring a contest: the action may be barred 6 months after the trustee sends the person a copy of the trust and a notice of the trust’s existence, the trustee’s name and address, and the time allowed to file. That deadline is easy to miss.
Claims against a trustee
Section 736.1001 lets a court remedy a breach of trust by, among other things, compelling the trustee to act, ordering an accounting, requiring the trustee to restore money or property, reducing or denying compensation, suspending the trustee, or removing the trustee under section 736.0706. Section 736.1008 can cut the time to sue sharply: a claim about a matter adequately disclosed in a trust accounting or other written report may be barred 6 months after the beneficiary receives that report together with a limitation notice. Beneficiaries should read trustee reports when they arrive, not months later.
Attorney fees
In actions for breach of fiduciary duty or challenging a trustee’s use of its powers, section 736.1004 directs the court to award costs and attorney fees as in chancery actions, and the court may order them paid from a party’s share of the trust. Who pays is decided case by case, so it is worth discussing at the start.
Steps to take now
- Collect the documents: the trust and any amendments, the will, notices or letters from the trustee, accountings, and bank or brokerage statements you have.
- Write down the dates: when the settlor died or the trust became irrevocable, and when you received each notice or report.
- Ask in writing. If you are a beneficiary and have not received information, a written request creates a record.
- Preserve evidence about capacity or influence, such as medical records, emails, texts, and the names of people who were present.
- Get advice before deadlines run, especially if you received a notice that mentions a 6-month time limit.
Talk with a Naples trust litigation attorney
If you are a beneficiary with concerns about a trust, or a trustee facing demands or a lawsuit, call the Law Office of Brantley Oakey at 239-963-2897 or use the contact page. The office is at 780 5th Ave S, Ste 200, Naples, FL 34102, and is open Monday through Thursday, 9 a.m. to 5 p.m.
This page is general information only, not legal advice. Reading it does not create an attorney-client relationship. Statute references are to the 2026 Florida Statutes and may change.