Trust Contested in Florida

Understanding Trust Contest

A trust contest is when one puts in dispute the validity of a trust. There are numerous reasons as to why one would do this. The most common include undue influence, lack of capacity, and fraud. Understanding the grounds for contesting a trust is crucial.

Florida’s legal system provides some procedures within which a trust may be contested. This includes filing an action in probate court. This is where the assistance of a lawyer becomes very useful. An attorney practicing probate law will help maneuver this intricate field of law.

Trust challenges are statistically not rare. According to a trust dispute study, 25% of people going through estate planning face some kind of dispute. In light of this, preparedness is critical.

Grounds to Contest a Trust

Contesting trust can quickly become a complicated and emotional process. For anyone involved in such a dispute over a trust, it is essential to understand the legally permissible grounds for the same. This blog will discuss the main reasons why trusts are contested and the evidence to back them up.

Undue Influence

One of the most prolific grounds for contesting trust is undue influence. Such influence occurs when an individual exerts too much pressure on the trust maker, thereby compelling them to adjust things against their will. This mainly involves people who are close to the victim, like family members or caregivers, and are trying to use their proximity to gain an unfair advantage selfishly.

For instance, an older adult might be unduly influenced to change their trust to benefit a specific person. The exercise of influence must rise above the creator’s free will. Undue influence can be proved by first showing that the opportunity, disposition, and actual influence over the trust creator existed.

In Florida, one must present clear and convincing evidence of undue influence before the court. This is a higher standard of proof than that required in most civil cases, called preponderance of evidence. Documentation—like emails or letters—or witness testimony is most relevant in proving undue influence.

Lack of Capacity

A trust can also be contested in court due to the settler’s lack of capacity. This means the trust’s creator did not have the mental capacity at the inception to understand the nature and consequences of his action when creating a trust. Mental incapacity emanates from illness, dementia, or any other defect in cognitive competence.

A trust on this ground can be contested by showing that the creator at the time did not know the action of establishing the trust by introducing evidence such as medical records, expert testimonies from medical professionals, and observations of persons who knew the trust.

In Florida, courts will examine the creator’s mental state when they execute the trust. The demonstration should be clear and convincing. Hence, it is very important to have complete, credible documentation to support the charge brought before the court.

Fraud

Another vital reason for contesting a trust in Florida is fraud. Fraud is found to exist in creating trust when the creator is manipulated into making it or when it is based on deception. This can include scenarios where the creator was misled about the contents of the trust or the intentions of those benefiting from it.

For example, fraud would occur if a beneficiary misleads a creator about their motives or circumstances to induce the maker to place assets in trust for him. In proving fraud, one must show that the actual falsity in the information provided caused the trust instrument to be made.

Again, in Florida, as with other grounds for contesting trust, the fraud must always be proven by clear and convincing evidence. If documents, communications, and so on are found that disclose deceptive acts by a fraudulent party, that will work to this end.

Duress

Another ground for contesting trusts is duress. This refers to a situation where the trust creator was threatened or constrained to create or modify a trust. The pressure applied should be such that it will vitiate the creator’s free will.

An example of duress would be threats of physical violence or severe mental anguish. To provide proof of duress, one must show that there was severe pressure on the settlor or survivor at the time of creation or amendment of the trust.

In Florida, duress needs to be shown and proved by clear and convincing evidence in most cases. This may come either from the testimonies of the parties and witnesses or from documentary exemplifications of threats or any other intrusion.

Steps to Contest a Trust in Florida

Some steps need to be taken in case the trust is challenged. First, collect the documents: the trust itself and all related communications. Then, consult with a probate attorney for further guidance in this area.

The next step, therefore, is to petition the probate court. This automatically starts the legal process. The court then takes the case under review. This process can be very lengthy and take several months or even years.

A contested trust can take up to 18 months to resolve. This is where patience and persistence come in. Meanwhile, you should communicate and engage your attorney frequently. They should update you on any new developments and may make strategy changes.

Mediation and Settlement Options

Mediation is settling disputes out of court by an impartial third party. It can save time and money and prevent damage to family relations.

In Florida, quite several trust disputes normally proceed through mediation. In fact, according to statistics, a high percentage of mediated matters eventually settle, that is, 60%, giving new hope to those searching for a faster solution.

It would be wise to consult with a probate attorney for mediation. They would also be able to represent you during the process. In a case where mediation fails, the case then goes to court. Knowing when to settle and take a lawsuit to court is essential.

Role of Family Office Services

Family office services involve trust disputes. For one, they look after a family’s wealth and legal issues. They can prove to be very supportive in a trust contest.

Many Indian families use family office services in Florida. These family offices provide integrated approaches to corporate families. They are highly skilled at financial planning, legal issues, and emotional support.

Statistics support that families who provide these services have an almost 30% increase in amicable resolution of disputes. So, when your family is in a trust contest, let us help you with all the answers.

Choosing Your Lawyer

The best person to win the trust contest is to get a reasonable attorney—experience and expertise matter. The attorney should specialize in trust litigation. The knowledge of the attorney can have a significant impact on the outcome. From reasonable probate attorneys in Florida, research and interview to choose potential candidates. Experience with such cases is checked through inquiry.

Statistics prove that clients who have specialized attorneys achieve higher rates of success. Trust your gut and hire an attorney who leaves you feeling confident and supported. The proper legal representation is priceless.

Potential Outcomes of Trust Litigation

Trust litigation has many outcomes. The court can affirm, reform, or reject a trust. The impacts of the three outcomes are unique.

In Florida, most trust contests end in modifications and only a fraction end in complete invalidation. Knowing these statistics helps to set realistic expectations. Share possible outcomes with your lawyer so they can weigh in based on their experience. Knowing the potential results enables a calculated judgment.

Seeking Professional Help

Professional help is crucial in a trust contest. This includes legal, financial, and emotional support. Engaging professionals early on can make a significant difference.

In Florida, many professionals specialize in trust disputes. This includes probate attorneys, financial advisors, and counselors. Their expertise can guide you through the process. Statistics indicate that people who seek professional support have higher success rates. Don’t hesitate to seek help. It’s a wise investment in a challenging time.

Preparing for the Future

Preparing for the future is essential, especially after a trust contest. This involves reviewing and updating your estate plans. The goal is to ensure clarity and reduce future disputes.

In Florida, reviewing your estate plan every five years is recommended. Major life events also warrant a review. Consult with your probate attorney for updates and revisions. Statistics show that regular reviews reduce the likelihood of disputes. Keeping your plans current helps protect your wishes. Plan to avoid future conflicts.

Conclusion

Contesting a trust in Florida involves many steps and considerations. Understanding the legal grounds, choosing the right attorney, and being prepared are crucial. Mediation and family office services can offer valuable support. Professional help and emotional support are also important.

At Hess-Verdon & Associates, we specialize in trust litigation and probate litigation. Our experienced team can guide you through this challenging process. Contact us today for expert advice and support.