Breaking up a Florida Trust.
Things that you need to know if you want to break up a trust or object to one being broken up.
Breaking up a Florida Trust. Things that you need to know. Hello my name is John Pankauski, I’m a trust litigation attorney with Pankauski Hauser in West Palm Beach. When can you bust up a trust? When can you break up a trust? Maybe mom or dad had a revocable trust they’re gone now so it’s irrevocable and your inheritance is left in trust maybe with your other siblings or other beneficiaries.
Well everybody knows, well at least most estate lawyers in Palm Beach, under certain circumstances you can break up the trust but can you do that and do you have an opportunity to object to it if you don’t want that done. Or how do you ask for a trust to be broken up and what does a probate court judge need to do or know to grant you that relief to break up that trust. Let’s say you want your inheritance now, you don’t want it held in a trust anymore, what can you do?
You can start by talking to your trust litigation lawyer about reading a recent case called Horgan versus Cosden. It’s a Second District case from Florida 2nd District Court of Appeal. the written opinion was issued on May 25th 2018 . The citation is 2018 WL 237-4443 or talk to an experienced trial attorney who limits their practice to trust litigation.