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Dean Mead | Corporate Orlando Lawyer
Monday, January 5, 2009
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Trust, Estate and Fiduciary Litigation


Dean Mead's Trust, Estate and Fiduciary Litigation Team represents beneficiaries, fiduciaries and financial institutions in all forms of disputes related to trusts and estates.

Our Team
Our Team includes attorneys from our Estate and Succession Planning, Litigation and Tax departments. This combination of experience allows us to provide comprehensive legal representation that is fully responsive to all of the related legal issues in the matter at hand.

Our Team includes:

  • Two attorneys who are listed in The Best Lawyers in America as Outstanding Trusts & Estates Attorneys
  • Two attorneys who are listed in Florida Trend's Legal Elite as Outstanding Trusts & Estates Attorneys
  • One attorney who is listed in Chambers USA - America's Leading Business Lawyers as an Outstanding Tax and Wealth Management Attorney
  • Three attorneys who are board certified by The Florida Bar as specialists in Wills, Trusts and Estates Law
  • Three attorneys who have a master of laws degree in taxation (LL.M.)
  • Two attorneys who are board certified by The Florida Bar as experts in Tax Law
  • One attorney who is an adjunct professor of Estate Planning in the Graduate Tax Program at the University of Florida College of Law
  • One attorney who received The Florida Bar Tax Attorney of the Year Award
  • One attorney who is a fellow in the American College of Trusts and Estates Counsel
  • One attorney who is board certified by The Florida Bar as an expert in Civil Trial Law
  • One attorney who is a fellow of the American College of Trial Lawyers
  • One attorney who is listed in The Best Lawyers in America as an Outstanding Commercial Litigation Attorney
  • One attorney who is listed in Chambers USA - America's Leading Business Lawyers as an Outstanding Commercial Litigation Attorney
  • One attorney who is listed in Florida Trend's Legal Elite as Outstanding Commercial Litigation Attorney

Our Clients

  • Beneficiaries
  • Fiduciaries, including Personal Representatives, Trustees, Conservators, Guardians, Attorneys
  • Financial Institutions
  • Trust Companies

Our Services

Will Contests -We represent beneficiaries who wish to challenge the validity of a will as well as personal representatives who have a fiduciary duty and obligation to defend the will. This includes wills that are challenged due to undue influence, mental incapacity, inadequate formalities, revocation, fraud or mistake.

Trust Actions: Trust Contests - Our Team represents beneficiaries who wish to challenge the validity of a trust as well as trustees who have a fiduciary duty and obligation to defend the trust.

Trust and Will Construction - When necessary, our Team reviews trust instruments and wills to determine credible interpretations of ambiguous or conflicting language in a way that is most favorable to our client.

Trust Actions: Trust Reformation - We prepare reformation documentation and represent a trust's interests in court and before the Internal Revenue Service.

Accounting Actions - Our Team assists beneficiaries with petitioning the court for accountings and we also prepare accountings for fiduciaries who are required to submit them.

Claims Against Fiduciaries: Fiduciary Misconduct - We defend fiduciaries against whom claims are made and prosecute such claims on behalf of beneficiaries and estate creditors.

Claims Against Fiduciaries: Fiduciary Removal - Our Team represents beneficiaries wishing to remove a fiduciary and fiduciaries who are defending against a removal action.

Claims Against Fiduciaries: Surcharge Actions - We represent beneficiaries bringing surcharge claims against fiduciaries as well as fiduciaries defending against surcharge claims.

Probate and Trust Appeals - When a client elects to challenge an adverse probate decision, our Team will file an appeal of the trial court decisions on behalf of our client.

Tax Appeals - We represent clients before the Internal Revenue Service and Florida Department of Revenue during audits and obtain judicial adjudications of disputes with these taxing authorities.

Guardianships - Our Team provides representation in connection with an action to appoint a guardian for a possibly incapacitated person, including minors as well as persons who are mentally or physically incapacitated. This includes representing the proposed guardian, the person who is alleged to be incapacitated or another interested person who may wish to challenge the proceeding.

Resolving Disputes Prior to Litigation

Because litigation can be costly and time consuming for our clients, we seek practical solutions to avoid litigation whenever possible. Our team is experienced in alternative dispute resolution to assist clients in promptly addressing probate disputes prior to or at an early stage of litigation. However, if litigation cannot be avoided, our Team has substantial trial experience and we stand ready to represent clients in court.

Our Estate and Succession Planning Department

Dean Mead's Estate and Succession Planning Team is one of the largest and most respected groups of estate planning attorneys in Florida. We are frequently called on by accountants, other attorneys, banks and trust companies to handle the most sophisticated estate planning, probate and trust administration cases. Our Team specializes in estate and trust administration matters and the development of estate plans which help our clients achieve maximum savings in income, estate, gift, and generation-skipping transfer taxes. We handle the traditional aspects of personal estate planning, such as the preparation of revocable trusts, wills, and irrevocable trusts. In addition, we work closely with our clients to plan for the succession of family businesses and wealth among generations in a tax efficient manner. We analyze and implement the latest techniques to reduce estate and gift taxes and preserve our clients' wealth, including limited liability business entities such as family limited partnerships and limited liability companies, GRATS, and charitable remainder and lead trusts. Further, we assist our clients with the preparation of estate and gift tax returns, audits of those returns, and appeals to the IRS and courts to contest proposed tax deficiencies.

Trust, Estate and Fiduciary Litigation Articles

Date Title
August 2008 Trustees Beware

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