Florida Trust Litigation: Three things you must do when you contest a trust in Florida

Are you trying to set aside a Florida trust document or a Florida trust amendment, or even a Florida Trust Restatement–based upon undue influence, fraud or lack of mental capacity? In Florida, if you are contesting, or attacking, a trust document, consider three important points which may be vital to a successful lawsuit.  Florida law has unique caselaw and rules for not only procedure, but also substantive matters, which may affect your Florida trust litigation.  First, if the person who created the trust, the Florida trust grantor or settlor, also had a Florida will which referenced the trust, you may need to participate in the Florida probate administration.  If there is no Florida probate administration, you may need to retain a Florida estate administration attorney to “open” a Florida estate administration, or a Florida probate.  You may need to file objections to contest the will in the Florida probate matter and raise your rights in this Florida estate administration proceeding.  Second, you may need to renounce your interest in the trust or the will.  If, say, the trust gives you $1,000,000 and you contend that you are entitled to substantially more, you may have to officially renounce the inheritance under the Florida trust.  This may be a conditional renunciation but failure to renounce your Florida inheritance can be fatal. Last, consider not accepting anything from the trust, like a partial distribution or advance, even if you need money to pay attorneys fees or costs of litigation.  If you accept a benefit from a trust which you plan to contest, or which you claim is invalid, this may prevent you from contesting it or attacking it based upon a legal concept referred to as estoppel by acceptance or judicial estoppel.  Palm Beach trust litigators understand these complex rules.  If you are contesting a trust or embroiled in trust litigation in Broward County, Palm Beach County, Miami-Dade County or anywhere else in Florida, consider these concepts.  If you want to over-turn a trust or a will based upon undue influence or lack of capacity, consider these important legal matters.  If you want a copy of  a recent case which considers these points, email michelle@pankauskilawfirm.com. Advocate hard.  Litigate smart.