HOW TO READ A PALM BEACH TRUST OR WILL
- What if you read a Palm Beach will or a trust and it doesn’t make sense?
- While this does happen sometimes, here is the more common experience from a probate litigator’s perspective:
- Two, or 3, people or Palm Beach probate lawyers read the exact same will or trust and have 2-or 3— different interpretations.
- Who’s right?
- This confounds probate attorneys and frustrates estate clients. How could sometime in black and white be analyzed or interpreted so differently?
Here’s what you do if you there is a disagreement from reading a Palm Beach will, or trust.
- If everyone can’t get along, the trustee or personal representative (estate executor) can file a “construction action”.
- This has nothing to do with housing, building or the real estate industry!
- You are asking a Palm Beach probate judge to interpret, or construe, a will or a Florida trust.
- The probate judge will first read the will or trust.
- If the will or trust is clear & un-ambiguous, the probate court will issue a declaration in the form of an order or a judgment—simply telling everyone what the Palm Beach trust or will says and means. (It’s that simple! … and… it’s over ! Probate Judges, after all, have the last say…..unless over-turned on a probate appeal.)
- If the probate court believes that the part of the will or trust which is the subject of a disagreement is not clear, he or she may declare that it is ambiguous.
- If a part of a will or a Palm Beach trust is ambiguous, the probate court will hear evidence of the intent of the person who created the will or trust…. So, get your documents, witnesses and probate strategy ready. You have a probate trial to prepare for.
- Oh yes….. be prepared for an appeal of the ruling, whether you win…or lose.