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Terminating Florida Trusts: can you split up the trust or decant it to another Florida trust?

Uncategorized Oct 22, 2013

Are you the beneficiary of a Florida trust? …… Don’t like your inheritance held in trust by a Florida trustee?  Do you have options as a Florida beneficiary?  You do: you may.  Florida trust lawyers from Palm Beach Gardens down to Ft. Lauderdale are familiar with the Florida trust code:  Florida law of trusts.  You, as a trust beneficiary, may ask the Florida trustee, and the other Florida trust beneficiaries, to split up the trust and distribute it outright to the beneficiaries in shares.   You might also ask them to agree to “decant” or transfer the assets to another Florida trust with different or more helpful or friendly terms—or you might try to get a different trustee.    If the Florida trust beneficiaries don’t agree or the Florida trustee does not agree, you do have the option of filing a trust complaint or trust lawsuit.  In Florida, any dispute regarding a Florida trust, or any relief sought by a trust beneficiary, is initiated by the filing of a lawsuit, or what’s called a civil action.  In Palm Beach County, Florida, experienced probate judges, sitting in the probate division, will hear your matter.  Depending on where your Florida probate lawyer or Florida trust lawyer’s office is located, your trial and your probate judge may be in West Palm Beach, Palm Beach Gardens or Delray Beach.  The probate courthouse is determined by your trust lawyer’s office, regardless if you live in Miami, Boynton Beach or Boca Raton.  The Florida probate judge will be the same judge who hears and presides over probate trials, objections to wills, probate administration and estate administration.  The bottom line is: you have options as a trust beneficiary of a Florida trust.  Advocate hard. Litigate smart.