When Can You Reform a Florida Trust?

A 2011 3rd DCA opinion, Reid v. Estate of Edgar Sonder, discusses trust reformation. Did you know that it may be possible to reform a trust after the settlor of the trust passes away? What can you do if there was a drafting mistake during the creation of a trust? Do you believe that a revocable trust does not reflect the intent of the settlor due to a mistake that had occurred?  How can a West Palm Beach probate lawyer help you if you wish to petition to reform a revocable trust? 

In Reid v. Estate of Edgar Sonder, the trustee petitioned to reform a trust after the settlor’s death. He claimed that, due to a mistake, the trust did not reflect the settlor’s intent. Despite the trustee’s effort to prove this, the 3rd DCA held that the trustee did not show enough evidence to reform the Florida trust. What is the degree of proof needed to prove a reformation of trust case? What is the standard of proof? If you are looking to hire a trust reformation lawyer in Florida, call (561) 514-0900 ext.101 for a FREE consultation.