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What Can I Do if the Language in my Dad’s Florida Trust is Not Clear?

Uncategorized Nov 21, 2018
post about What Can I Do if the Language in my Dad’s Florida Trust is Not Clear?

What do I do if  the language in an Orlando trust is not clear? How can two people read a Florida trust document and believe it says completely different things? What can I do if my sister and I disagree about the meaning of language in our mom’s trust? Should I call a West Palm Beach probate lawyer?

When language in a Florida trust is not clear, you can hire a trust lawyer to file a declaratory judgment action. Palm Beach inheritance attorneys know that in this declaratory action, you can  ask a Florida probate 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.

When beneficiaries or parties disagree on the meaning of trust language, trust modification or trust reformation is sometimes desired. Can an Orlando trust be modified after the creator dies? What should trust litigators know about trust reformation and modification in Florida? You may want to read Trust Code, section 736.0415. Also, you should contact an experienced probate attorney to assist you. For more information, read the statute in its entirety below. You can also call (561)514-0900 to interview the managing partner at Pankauski Hauser, free of charge.

736.0415 Reformation to correct mistakes.
Upon application of a settlor or any interested person, the court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor’s intent if it is proved by clear and convincing evidence that both the accomplishment of the settlor’s intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement. In determining the settlor’s original intent, the court may consider evidence relevant to the settlor’s intent even though the evidence contradicts an apparent plain meaning of the trust instrument.