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Trust Revocation Lawsuits in Florida


What do you do if you have a trust lawsuit and you got disinherited? Have you ever been involved in a trust case where maybe Mom or Dad created a trust and one day they leave everything to you. Then one of them passes away and you realize, “oh my God,” some trust amendment or some new trust popped up, disinheriting you.

That revokes that prior trust that left you everything. Is that revocation of trust valid? Is the revoking of the trust improper or proper? You may need to have a trust lawsuit to decide your rights. If you’re dealing with an issue of whether a trust was revoked properly or not, do you know what the standard is in Florida? If you have this trust which says “I’m making this trust and I’m leaving everything to this person,” and I revoke the prior trust that left you money, is that revocation valid? Is that trust valid and do you know how to have it set aside? Do you know what the standard is for a trier of fact? Either a jury, or bench trial by judge.

You can read more about this issue in a 2016 Florida appeals court opinion from the Third District Court of Appeal called Bernal V Marin the site is 196 Southern 3rd 432.