Contesting a Trust
in Fort Myers
Can You Contest a Trust in Florida?
Since a trust often involves significant assets, the terms of a trust are vulnerable to contests by interested parties. Are you a beneficiary or trustee that wants to contest a trust? At Your Advocates, we understand how to handle a trust contest and we stand ready to represent beneficiaries or trustees in the court process.
When you come to our Fort Myers probate attorneys, you will immediately benefit from our personalized service and tailored legal representation. Our mission is to deliver superior service and ensure the satisfaction of our clients. Whether you are a beneficiary or a trustee, your case is important to us and we won't take your situation lightly.
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Process of Contesting a Trust in Fort Myers
When a trust is created, the trust involves three parties:
- The grantor or settlor who creates the trust
- The trustee who manages the trust assets for the benefit of the beneficiaries
- The beneficiary
When a settlor creates a trust, it must be created while they are mentally competent and free from duress or undue influence. In effect, two common grounds for contesting a trust include:
- Claims that the settlor was mentally incompetent
- Claims that the settlor was subjected to undue influence by someone capable of swaying the settlor's decisions
Such claims assert that the trust document does not represent the decedent's actual wishes.
Additional grounds for contesting a trust, include:
- The trust document does not satisfy state requirements
- The document's language is unclear and ambiguous
- Doubt exists over its authenticity
In any case, the burden of proof is always upon the plaintiff who is challenging the trust document. The plaintiff must present clear evidence that convinces the court that the document is defective.
Contact a Fort Myers Lawyer
Often, a trust contest is introduced by someone who is eligible to inherit the decedent's property under the state's intestate succession laws, but who is not a beneficiary of the trust. Intestate succession laws determine how property is distributed in the absence of a will.
If an individual convinces the court to invalidate a trust, the state must distribute the trust property in accordance with Florida's intestate succession laws, rather than according to the terms of the trust.To learn more about trust contests and how Your Advocates can help you, call our Fort Myers lawyers today.
We would be glad to discuss your case in a free consultation. Give us a call today at (239) 970-6844. If you are an AARP member, we can provide you with a special discount.
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