What legal grounds can be used to challenge a trust in Florida?
November 28, 2024 – Daniel A. Seigel
Legal grounds for challenging a trust in Florida include lack of capacity, undue influence, fraud, duress, or mistake at the time of the trust’s creation or modification. Florida Statute 736.0406 states that a trust is void if procured through fraud, duress, mistake, or undue influence. Additionally, any breach of fiduciary duty by the trustee can also be a valid ground for litigation, as beneficiaries may seek remedies for such breaches under Florida Statute 736.1001.
Ask a Question,
Describe Your Situation,
Request a Consultation
Call (561) 393-6005(561) 393-6005, or fill out the short form below. Don’t hesitate; your questions are welcome.
Required Fields*
Your Information Is Safe With Us
We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
Recent Posts
What are the legal grounds for contesting a beneficiary designation in Florida?
Are there any time limits or a statute of limitations for contesting a beneficiary designation in Boca Raton, Florida?
What are the potential effects or consequences of contesting a beneficiary designation?
How can an attorney assist in contesting a beneficiary designation?
What is the process for contesting a beneficiary designation in Boca Raton, Florida?
Contact Us
If you have any questions, don’t hesitate to send a message.
Related Blog Posts
What are potential outcomes of trust litigation in Florida?
The outcomes of trust litigation can vary based on the specifics of the case. Potential outcomes include the trust being upheld or invalidated, modifications to the trust terms, removal or…
What Are The Basics Of Contesting A Trust In Boca Raton Florida
A trust contest may arise when a beneficiary believes a trust does not reflect the true intentions of the person who created it, due to factors like lack of mental…
How can someone contest a trust in Florida?
Contesting a trust in Boca Raton involves initiating judicial proceedings as outlined in Florida Statute 736.0201. To contest a trust, an interested party must file a formal complaint with the…
How does a trust litigation lawyer help with trust disputes?
A trust litigation attorney plays a critical role in navigating the complexities of trust disputes. They provide legal representation for beneficiaries, trustees, or other interested parties involved in a dispute.…