Florida Trust Lawsuits & Guardianships: when can you object to a revocable trust in Florida?
Many Florida trust beneficiaries or family members have questions about Florida revocable trusts when a Florida guardianship is involved. Here are 5 pointers to consider if you are involved in a Palm Beach Guardianship and a revocable trust is involved.
- Guardianship Courts = Probate Courts. Probate Court judges will hear the guardianship case. In Palm Beach County, there are 3 courthouses that your guardianship case may be in: Palm Beach Gardens, West Palm Beach or Delray Beach, Florida.
- Florida Guardianship Law Florida Statute 736.0207 is a specific section of the Florida Trust Code which governs “trust contests” in Florida for Florida revocable trusts. Q: Want to object to the validity of the revocable trust when there is a Florida guardianship ? A: Not so fast….read the Florida Trust Statute.
- Most Florida residents, or many Florida citizens, have a revocable trust, sometimes called a Florida living trust or a Florida revocable living trust. Revocable trusts are sometimes referred to as a “will substitute” and can manage property during the trust creator’s life and then distribute, or continue to manage money & property, after the trust creator has passed away. Q: What do you do if the trust creator is not competent or is the subject of a Palm Beach guardianship case?
- Guardianship = Disclose the Existence of the Revocable Trust. In Florida guardianship cases, like many in Palm Beach County, someone’s revocable trust will be considered when the Probate Court considers whether a guardianship is necessary, or whethere there is a lesser restrictive alternative. For more on Florida guardianships, consider reading the Florida Probate Code: Chapter 744.
- Trust Contests or Trust Challenges for revocable trusts may not be filed under Florida law until the trust becomes irrevocable. But the Florida guardian, if there is one, has special rights. See Florida Trust Code Section 736.0207.