How to Interpret or Construe a Florida Trust Document
How do you interpret or construe a Florida trust document?
How to read a Florida trust document? How do you interpret or construe a Florida trust document? Well, I’m going to tell you about a case that’s going to answer most, if not all of your questions about how to read a Florida trust document. Read the Horgan case 249 Southern 683. It’s a 2018 opinion from Florida 2nd District Court of Appeal. So, it’s very recent and it tells us some basic facts about how you read that trust document. The first thing is you should be guided by the set laws or the creator’s intent. The second thing you should know is when you construe or interpret or read a trust document, that the sellers intent is the Polestar of trust interpretation. You read the plain language of the trust document and you tell us what it says. Finally if something is ambiguous, you can resort to parole evidence or testimony to determine what the person
who created it meant. What the settler meant from the document but finally if something is unambiguous you don’t resort to testimony documents or parole about what the document says, you simply read the trust document and interpret it. A last note on that, just because two beneficiaries or a trustee and beneficiary disagree on what the trust document says, does not mean it’s ambiguous give the trust document to a probate court judge in Florida let that judge tell you what that document says and end your Florida trust lawsuit.