Florida Bar Federal Court – U.S., District Court for the Middle District of Florida

Mr. Zoecklein and Zoecklein Law are currently litigating cases in the following practice areas: Personal Injury Mortgage Foreclosure Property Damage Elder Law Consumer Law Probate Family Law Business Law

Trust Litigation - Zoecklein Law, P.A.

TRUST LITIGATION

Challenging The Validity of A Florida Trust

Trusts are great estate planning tools that often involve the use of a pour over will in an attempt to avoid the probate process. While this can be beneficial from an estate planning point of view, trusts can also be abused or simply vehicles that a potential wrongdoer uses to avoid the probate process altogether. Generally, similar to a Will contest, the validity of a Trust can be challenged by several key statutory reasons. The basis for the revocation of a trust is provided in Fla. Stat. 736.0406 which provides:

Fla. Stat. 736.0406: If the creation, amendment, or restatement of a trust is procured by fraud, duress, mistake, or undue influence, the trust or any part so procured is void. The remainder of the trust not procured by such means is valid if the remainder is not invalid for other reasons. If the revocation of a trust, or any part thereof, is procured by fraud, duress, mistake, or undue influence, such revocation is void.

So in Florida, if either the trust or the revocation of a trust was procured by (1) fraud (2) duress (3) mistake or (4) undue influence it will be rendered invalid. Actions to terminate a trust are independent actions and typically do not have to be brought before the relevant Florida Probate Court or in the Probate proceeding.

The causes for revocation of a trust in Florida are very similar to the revocation of a will in Florida. In addition to the enumerated reasons in the statute, ample authority exists to overturn a trust agreement if the testator lacked the mental capacity to create the trust at the time of creation.

Unlike will contests, Trust litigation is a separate legal action that is brought independently of the Probate Court. Fla. Stat. 736.0201 provides:

Except as provided in subsections (5) and (6) and s. 736.0206, judicial proceedings concerning trusts shall be commenced by filing a complaint and shall be governed by the Florida Rules of Civil Procedure.

This means that a dispute regarding the validity of a Trust document is a separate lawsuit brought outside of the probate administration or probate proceedings of an estate.

Actions Against A Trustee For Mismanagement of Trust Assets

Trust assets must be managed by the trustee for the best interests of the beneficiaries. A violation of this obligation by the trustee creates a cause of action for a breach of trust. This basic concept is codified in Florida Law under Fla. Stat. 736.1001 which provides: (1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. (2) To remedy a breach of trust that has occurred or may occur, the court may:

Compel the trustee to perform the trustee’s duties
Enjoin the trustee from committing a breach of trust
Compel the trustee to redress a breach of trust by paying money or restoring property or by other means
Order a trustee to account
Appoint a special fiduciary to take possession of the trust property and administer the trust
Suspend the trustee
Remove the trustee as provided in s. 736.0706
Reduce or deny compensation to the trustee
Subject to s. 736.1016, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or
Order any other appropriate relief.

Damages to the successful beneficiary include a repayment of damages done to the proper trust beneficiaries and/or a disgorgement of any profits realized by the wrongdoer for the breach.

Add Your Heading Text Here

TESTIMONIALS

Our Clients Say It The Best

“Overall great experience with this firm. Out of state probate matter was handled via email and phone and my calls were returned or answered right away. Peace of mind was worth it alone, thank you.”

Bartholomew Allen

“I highly recommend this law firm for your estate planning and probate litigation needs. Passionate and dedicate attorneys who are committed to going above and beyond to help their clients.”

Tanesha S. Dumont

“”Probate matter was handled with care and diligence. I never felt uninformed throughout the entire ordeal. I can personally recommend this firm if you’re in the same boat I was in….in need of legal help involving probate”

Frederick Winslow

I took a little bit longer than I thought it would. I know it all had to do with vivid also. They were very pleasant and professional. Wendy was the one I bothered the most. Even through that she seemed to always be in her comfort zone. Brice was matter of fact and to the point. He always returned my calls or emails in a timely manner, usually the same day. It been a real pleasure working with them through this difficult time. I would definitely hire them again.

Robin Lewis

Excellent service very professional! Wendy Davis has continued to walk me thru the most difficult moment in my time in my life, making this difficult transition smoother for me and my family, and it’s the common courtesy of explain things into detail when needed while still making you understand it. Her stellar attitude makes this difficult Situation a whole lot easier. Thank you Wendy! You guys keep on rockin!

Santos Torres

This is a respectable and professional attorney firm. Cody Nixon and team work together to provide the best service to their customers. Amazing team and I highly recommend this law firm 👌

Nel Cole

First let me start off by saying Bob is the greatest! I had a probate case that he made so easy being that this was my first time having to deal with this. I would definitely recommend zoecklein law to anyone that’s looking for a honest law firm. This is a law firm I will come back too if I’m ever in the need. Thanks again❤️

Frances Wilson

Awesome service and shoutout to Wendy for always being a helping hand, she’s amazing!!

Rimaryeli Delgado

I am very grateful that I found Zoecklein Law firm in Tampa. I had been going back and forth for over two years in a legal matter with a different attorney in Tampa and as soon as I decided to switch law firms and have Brice handle things for me it was all settled in less than a year! I would highly recommended as he was very professional, responsive, and always kept me in the loop. I cannot thank them enough for helping me!

Kayla Romo

This law firm is the best. Thank you so much to Brice, Bob & Samantha for all your help. They were quick, responsive & very friendly. We definitely recommend Zoeklein Law!

Rebecca Blosfield

Very professional and a pleasure to work with.

K. Katrice Daniels

Best lawyer's Ever... I highly recommend Brice Zoecklein. They All work hard to get the justice you deserve.

Tiffany Shadley

Always takes the time to answer my questions when I call about my estate planning needs. My go to law firm in Tampa on these matters.

Steve Clarks

Handled my probate litigation case with professionalism and class. Very satisfied with the work this law firm has done on my behalf.

Alex Krouse

Main Office Location

Business Hours

Monday to Friday: 8:30am – 5:30pm
Saturday & Sunday: Closed

Tampa
Probate Office

401 E Jackson St #
2340
Tampa FL 33602

By Appointment Only*

Sarasota
Probate Office

3230 Southgate Circle Suite 116 Sarasota FL 34239

By Appointment Only*

Lakeland
Probate Office

1643 Williamsburg Square, Suite 136 Lakeland FL 33803

By Appointment Only*

Pasco County
Probate Office

8520 Government Dr Suite 1 New Port Richey, FL 34654

By Appointment Only*

St. Petersburg
Probate Office

9800 4th St N. Suite 200 St. Petersburg FL 33702

By Appointment Only*

Manatee
Probate Office

4916 26th St W Suite 157 Bradenton, FL 34207

By Appointment Only*

Meet Your Team

Brice Zoecklein

Mr. Zoecklein’s primary focus centers on Probate and Plaintiff’s Civil Litigation. His esteemed team is actively handling cases across the State of Florida in the areas of probate administration, estate litigation, insurance claims, and business law. Hailing from Blacksburg, Virginia, he graduated cum laude from Virginia Tech with a degree in business management, successfully running multiple franchises in Virginia and North Carolina during his time there. Pursuing higher education, Mr. Zoecklein earned his juris doctorate degree cum laude, along with a Masters in Business Administration, from Stetson University College of Law, where he notably represented the university in numerous national and international legal academic competitions. A highlight of his law school journey was winning a National Moot Court competition for Stetson, displaying his exceptional legal acumen. During his time at Stetson, Brice also contributed to the Center for Advocacy of Elder Law and interned at the U.S. Attorney’s Office for the Middle District of Florida. Following graduation, he embarked on a career with a prominent insurance defense firm, but his passion for Plaintiff advocacy and consumer justice led him to dedicate his legal pursuits exclusively to the representation of consumer rights. Apart from his professional endeavors, Mr. Zoecklein treasures quality time with his wife and three children. Through his unwavering pursuit of justice, both inside and outside the courtroom, Brice Zoecklein exemplifies the essence of a compassionate advocate and a reputable professional, dedicated to upholding the values of integrity, empathy, and fairness in all aspects of his life.

Bar Admission

Florida Bar
Federal Court – U.S., District Court for the Middle District of Florida

Education

Stetson University College of Law – cum laude

Virginia Polytechnic Institute – cum laude

Practice Areas

Mr. Zoecklein and Zoecklein Law are currently litigating cases in the following practice areas:

Personal Injury
Mortgage Foreclosure
Property Damage
Elder Law
Consumer Law
Probate
Family Law
Business Law

Contact Information

Email: Brice@zoeckleinlawpa.com

Tampa Office: (813) 993-4967

Lakeland Office: (863) 808-0530

Sarasota: (941) 313-3330

Meet Your Team

Michelle Zoecklein

Mrs. Zoecklein is a highly accomplished and driven professional with a successful track record in both accounting and customer service. As a devoted spouse and parent to three wonderful children, She values the importance of work-life balance and strives to lead by example in maintaining a fulfilling family life alongside her career.

With an innate sense of self-drive and ambition, Mrs. Zoecklein has consistently demonstrated exceptional leadership and organizational skills, making her an invaluable asset to every team she has been a part of. Drawing from her experience in accounting, she has managed financial operations with precision and an eye for detail, ensuring smooth financial transactions and accurate record-keeping.

In the realm of customer service, Mrs. Zoecklein has honed her communication and interpersonal skills, establishing strong rapport with clients and colleagues alike. She takes great pride in delivering exceptional service, consistently exceeding expectations, and ensuring client satisfaction.

Outside of her professional pursuits, Mrs. Zoecklein finds immense joy in the company of her loving spouse and three children. She believes that family forms the cornerstone of a fulfilling life and embraces opportunities to create lasting memories with them. Whether it’s embarking on adventurous outings, engaging in creative endeavors, or simply relishing quality time at home.

With a perfect blend of professional dedication and family-centered values Mrs. Zoecklein embodies a well-rounded and driven individual, whose commitment to excellence extends to both her career and the cherished relationships that enrich her life.

Meet Your Team

Charles Adams

A Florida Bar licensed attorney since 2011 with a passion for justice, a track record of successful courtroom and jury trial experience, and a diverse background that extends beyond the legal world. As a past assistant state attorney and co-owner of a successful online business, I bring a unique blend of legal expertise and entrepreneurial spirit to everything I do.

My dedication to the well-being of the community began with my service in the U.S. Army Reserve, evolved into keeping drunk drivers off the street, and is now focused on helping people find closure during difficult times, putting loved ones to rest, and mitigating the injustices of the legal system.

I grew up in Tampa, Florida, and after 2 years at the American University in Washington, D.C., I returned to the state and graduated with honors from the University of Florida with a degree in history. I received my Juris Doctor from the University of Maine. After deciding New England winters were too gloomy, I returned to the state for a second time. When I am not working, I cherish spending time with my wife and our pets.

Meet Your Team

Jacob Rubin

Mr. Rubin currently focuses on probate administration, estate litigation, and general civil litigation. Mr. Rubin grew up in Miami, Florida, and graduated from the University of Miami where he obtained a Bachelor’s of Science in Communications.

Mr. Rubin obtained his juris doctorate degree from Florida International University College of Law in Miami, Florida. While at Florida International University, Mr. Rubin was a member of the Negotiation and Mediation Team, and competed in several competitions, including the Tulane Law School Professional Football Negotiation Competition. While at Florida International University, Mr. Rubin interned at the Miami-Dade State Attorney’s Office and the Broward Public Defender’s Office.

After graduating, Mr. Rubin worked at the Fort Myers Public Defender’s Office as an Assistant Public Defender, and then worked for Florida Rural Legal Services, where he focused on family and immigration law. Mr. Rubin joined Zoecklein Law, P.A. in July of 2023. While not working, Mr. Rubin enjoys spending time with his girlfriend and their three cats, four spiders, one snake, and one scorpion.