Introduction 

In Florida, clients involved in litigation often look for strategic ways to manage and protect their rights. One often-overlooked tool is the revocable living trust. Assigning litigation rights to such a trust can offer significant advantages, especially when it comes to control, asset protection, and privacy. At Lumsden Law, we help our clients leverage Florida’s trust laws to safeguard their interests during complex legal battles. 

Maintaining Control Over Litigation Rights 

Under Florida Statutes § 736.0603, when a trust is revocable, the duties of the trustee are owed exclusively to the settlor—the person who created the trust. What does this mean for clients in litigation? 

• Control: You, the settlor, maintain direct control over litigation strategies and decisions. 

• Flexibility: You can direct the trustee to act according to your wishes—even if those directions differ from the trust’s written terms. 
  This flexibility is critical during litigation, where strategic decisions often evolve quickly. 

Protection in Case of Incapacity 

In the unfortunate event of incapacity, managing a personal lawsuit can become complicated. Florida law allows a settlor to amend or revoke a revocable trust during their lifetime (§ 736.0602). 
By assigning litigation rights to a revocable trust: 

• Continuity is ensured: The trustee can continue managing the case without needing court intervention. 

• Minimize disruptions: Litigation does not stall if you become incapacitated. 
  This arrangement is particularly important for lengthy or complex litigation matters. 

Ensuring Privacy During Litigation 

Court cases are public, but trust administration is private. 
Assigning litigation rights to a revocable living trust allows clients to: 

• Shield sensitive information from public records. 

• Avoid unnecessary media attention or competitor scrutiny during ongoing litigation. 
  For high-profile clients or those involved in sensitive disputes, this layer of privacy can be invaluable. 

How Lumsden Law Can Help 

At Lumsden Law, we specialize in estate planning and litigation strategies for Florida residents. 
Our team can: 

• Craft customized revocable living trusts. 

• Ensure your litigation rights are properly assigned and protected. 

• Guide you through the nuances of Florida’s complex trust and litigation laws. 

Conclusion 

Assigning your litigation rights to a revocable living trust can give you greater control, protect your interests in case of incapacity, and keep sensitive matters private. However, it’s critical to structure the trust correctly to avoid unintended consequences. 
Contact Lumsden Law today to schedule a consultation and find out how we can support your litigation and estate planning needs.