Legal Question in Wills and Trusts in Florida
What kind of attorney do I need (specialist) if im being accused of violating my fiduciary duties as a POA for my elderly dad?. (says I took funds w/o dads authorization) I'm being sued in a civil court in Fla. Do I use a probate attorney or a civil attorney, or some other? Thanks
2 Answers from Attorneys
Our advice based on the simple facts in your question is to first discuss the factual issues with an experienced probate attorney. Fiduciary laws related to POA's, wills, trusts, and guardianships are specific; Florida has a large amount of legal precedent in such matters. Such accusations, whether from family, other beneficiaries, creditors, or estate claimants, occur frequently. Find an attorney with whom you are comfortable, then discuss specifics of a legal services agreement for representation.
It is really between an Estate Planning attorney with a civil litigation background, or a Civil Attorney with an Estate Planning background. The 2 areas go hand in hand and you need both as you have recognized already.
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