How To Contest A Trust In Florida
Trusts are an important component of estate plans for many people. These legal documents have many benefits. Not only can they help your loved ones avoid probate, but they can also protect your property for them, as well as for yourself during your lifetime. Although drafting a trust holds these benefits for you and your family, there is no guarantee that they will work in the way you intended.
There are many issues that can arise with these documents, including trust contests. Below, our Daytona Beach trusts lawyer explains important things to know if your trust is being challenged, or if you want to contest a trust.
Reasons for Trust Contests
People contest trusts for many different reasons. The most common of these include:
- A lack of mental capacity: People who create trusts are known as grantors and they must fulfill many requirements when executing these legal documents. One of these is that they must have the mental capacity, or sound mind, to draft and sign the trust. When contesting a trust on the grounds of lack of mental capacity, it must be shown that the grantor could not fully understand the terms of the trust, the people who would benefit from it, or the property being used to fund it. Illnesses, such as dementia, often create a lack of mental capacity.
- Undue influence: When grantors create or sign a trust under duress, threats, or coercion, it is known as undue influence.
- Improper execution: Florida law places many requirements on trusts. For example, they must be signed by the grantor as well as two witnesses. When a trust does not meet these requirements, they have not been properly executed and this is reason to contest the document.
- Trustee mismanagement: Trustees are individuals appointed by grantors and they manage the trust, usually upon the grantor’s death. Trustees have a fiduciary duty to both the grantor and the beneficiaries of the trust. Any mismanagement of the trust, or the property within it, is reason to contest a trust.
How to Contest a Trust in Florida
Only people who have standing, or an interest in the estate, can contest a trust. After determining standing, a lawsuit must be filed. This is the first official step and a Daytona Beach trusts lawyer can help you do it. As with other lawsuits, all parties involved can negotiate an agreement without court intervention. If a settlement agreement cannot be reached, the parties will have to go to court and allow a judge to make the final decision. During the court appearance, all parties can present evidence to support their arguments.
Our Trusts Lawyer in Daytona Beach Can Help with Your Case
Whether you need to contest a trust, or ensure that yours is never challenged, you need legal help. At Bundza & Rodriguez, our Daytona Beach trusts lawyer can review the facts of your case, guide you through the process, and ensure you receive the best possible outcome. Call us today at 386-252-5170 or chat with us online to request a consultation and to get the sound advice you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736.html
