Can A Trust In Florida Be Contested?

To ensure that your wishes are carried out after you pass away, estate planning is critical. Today, revocable trusts are one of the most popular tools used in estate planning. While trusts are very useful, disputes can still arise. For example, a beneficiary may disagree with the terms of the trust. Or, a trustee may mismanage the assets within the trust. In these cases, can trusts be legally contested? The short answer is yes. The longer answer is much more complex. Below, our Florida trust litigation lawyer explains further.

Grounds for Contesting a Trust 

There are several reasons a person may contest a trust. These are as follows:

• Lack of mental capacity: Grantors, or those who create trusts, must be of sound mind when the document is executed. If the grantor was mentally incapacitated due to age, illness, or other reasons, a trust may be contested on the ground that the grantor lacked capacity to create the trust.
• Undue influence: If another party can prove that the grantor was manipulated or pressured into creating or modifying the trust, it can be reason to invalidate it. Caregivers and family members, for example, sometimes manipulate or pressure grantors into creating a trust that follows that person’s wishes rather than the grantor’s wishes.
• Fraud: When a trust is established under fraudulent circumstances, such as deceit or misrepresentation, the document can be challenged in court.
• Improper execution: There are many legal requirements in Florida that trusts must meet to be valid. If a trust is not executed in accordance with legal requirements, such as failing to witness, failing to sign, or failing to notarize the document properly, the trust can be contested for improper execution. Like a will, all Florida trusts must be signed in the presence of two witnesses. 

How to Prevent a Trust Contest 

You can take certain steps to try and ensure your trust is not challenged.

The first step is to ensure that your trust is properly executed. Trusts must comply with the requirements outlined in state law. Working with an attorney can ensure your trust is properly executed.

Additionally, it is important to be very clear about your intentions, so there is no ambiguity as to the terms of your trust. Depending upon your circumstances, you may wish to speak to the beneficiaries of your trust about your wishes.

Call Our Estate and Trust Litigation Lawyer in Florida Today 

Although trusts can be contested in Florida, there is a formal process to follow and there needs to be strong legal grounds. At Legacy Protection Lawyers, LLP, our Florida estate and trust litigation lawyer can draft your document and ensure it is executed properly to ensure that your wishes are respected. Call us today at 727-471-5868 or contact us online to schedule a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736.html