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Interpreting Florida Trusts: What do you do when people read the trust differently?

Uncategorized Aug 29, 2013

How can two (or more people) read a trust document and believe it says completely different things?  It happens all the time.  Trust beneficiaries interpret the trust document one way, and other beneficiaries, or the trustee, interpret it another way……even in the face of so-called “clear” trust language.   When this happens, a way to resolve the difference is to file a declaratory judgment action (“dec action”) and ask a judge to read the trust document and tell everyone what it says.  If the trust document is clear and un-ambiguous, the court may be able to rule without the necessity of a trial.