Surcharge Action Lawsuits
Our Skilled Trust and Estate Litigators Fight for Your Rights with Surcharge Actions
In the probate and trust and estate administration context, a surcharge action is a lawsuit against a trustee, personal representative, fiduciary or agent (the person administering a trust or estate) typically brought by a beneficiary due to the trustee’s mismanagement of the trust or illegal conduct.
Some examples of wrongful acts by a trustee that may result in a surcharge action are: committing embezzlement/fraud, transferring assets from the estate to the trustee without permission from the beneficiaries, failing to conclude the trust and estate administration process or make distributions to the beneficiaries in a timely fashion, failing to follow the terms of the trust, or failing to carry out the wishes of the decedent as described in the will or trust.
If you are a beneficiary of a trust, you have the right to question the trustee’s actions and accountings. If you believe the trustee has breached his or her duty, you can bring a lawsuit against the trustee to compensate for the breach of duty that occurs through negligent or intentionally wrongful or illegal conduct. If the court finds in your favor, the “surcharge” is the amount the court may charge a trustee who has breached his or her duty (also known as breach of trust).
There are several different routes our attorneys can take, including bringing a surcharge action to petition for Formal Accounting or a petition for Removal of a Trustee.
Petitioning for a surcharge action can be a complicated process where proper procedures must be followed in order for the court to accept your evidence. While not required, this type of legal action is best handled by an experienced, qualified attorney.
RTRLAW’s attorneys have the required skills, knowledge and experience to handle Trust and Estate Administration and Probate lawsuits on behalf of our clients, including bringing surcharge action lawsuits.
Our attorneys can meet with clients at one of our seven convenient offices in Florida, including Fort Lauderdale, Orlando, Tampa, Kissimmee, Lake Worth, Miami or Jacksonville.