When someone discovers that a loved one's trust does not say what they expected, one of the first questions I hear is: How long do I have to contest the trust?
In Florida, the answer can be much sooner than you think.
Depending on the circumstances, a beneficiary or other interested person may have only six months after receiving certain documents and notices from the trustee to file a trust contest. That makes timing one of the first issues I evaluate when someone contacts me about challenging a trust.
As a Miami Lakes, Florida trust attorney, I advise clients throughout South Florida regarding trust contests, trust administration, beneficiary rights, and disputes involving the validity of estate planning documents.
What Is the Deadline to Contest a Trust in Florida?
Florida Statute § 736.0604 establishes an important deadline for challenging a trust that was revocable at the settlor's death.
An action contesting the validity of that trust is barred if it is not commenced by the earlier of:
- The applicable time provided under Chapter 95 of the Florida Statutes; or
- Six months after the trustee sends the person a copy of the trust instrument together with the required notice.
For the six-month period to apply under § 736.0604, the notice must inform the recipient of the trust's existence, provide the trustee's name and address, and advise the recipient of the time allowed to commence a proceeding.
The important takeaway is that the deadline is not simply six months from the date of death. Receipt of the proper trust documents and notice can trigger the shortened six-month period.
When Can You Contest a Revocable Trust?
Generally, a beneficiary cannot challenge someone's revocable trust simply because they disagree with it while the settlor is alive and competent.
Florida Statute § 736.0207 provides that an action challenging the validity of all or part of a revocable trust generally cannot begin until the trust becomes irrevocable by its terms or because of the settlor's death.
Once the trust becomes irrevocable, however, anyone considering a challenge should act quickly.
What Are Common Reasons for Contesting a Florida Trust?
Disliking the terms of a trust is not enough to invalidate it.
A trust contest must have a recognized legal basis. Depending on the circumstances, challenges may involve issues such as:
- Lack of testamentary capacity
- Undue influence
- Fraud
- Duress
- Improper execution of the trust
- Questions concerning the validity of an amendment
- Questions concerning whether a trust or amendment was properly revoked
Under Florida Statute § 736.0207, the person contesting the validity or revocation of a trust has the burden of establishing the grounds for invalidity.
This is why I tell clients that a surprising distribution and an invalid trust are two very different things.
What If I Receive a Trust and a Six-Month Notice?
Do not put it aside.
If a trustee sends you a copy of the trust together with a notice explaining that you have six months to challenge its validity, you should treat that deadline seriously.
Waiting to investigate what happened can potentially eliminate an otherwise viable claim.
Evidence also tends to become more difficult to obtain over time. Witnesses' memories fade, communications can disappear, and obtaining medical, financial, and estate-planning records may take time.
Early investigation can be particularly important when the dispute involves a late amendment that substantially changes an estate plan, removes a longtime beneficiary, or significantly increases another person's inheritance.
Can a Trust Prevent You From Contesting It?
Florida law contains another protection that surprises many families.
Florida Statute § 736.1108 provides that a provision in a trust attempting to penalize an interested person for contesting the trust or bringing another proceeding concerning the trust estate or trust assets is unenforceable for trusts covered by the statute.
In other words, the presence of what is commonly called a “no-contest clause” should not automatically cause someone with legitimate concerns to assume they cannot challenge a Florida trust.
Is Contesting a Trust the Same as Suing a Trustee?
No.
A challenge to the validity of the trust is different from a claim alleging that a trustee breached fiduciary duties while administering an otherwise valid trust.
For example, arguing that a trust amendment resulted from undue influence is fundamentally different from claiming that a trustee improperly distributed assets, failed to account, mismanaged property, or violated fiduciary duties.
Different limitation rules can apply to claims against trustees, including shortened periods associated with certain trust disclosure documents. That distinction is another reason beneficiaries should identify exactly what they are challenging before calculating a deadline.
Speak With a Miami Lakes Trust Attorney Before the Deadline Passes
If you believe a Florida trust does not reflect your loved one's true intentions, waiting can have serious consequences.
At Gold Legacy Law, PLLC, I represent families throughout Miami Lakes, Miami-Dade County, Broward County, and South Florida in trust administration and trust litigation matters.
When someone comes to me with concerns about a trust, I want to see the trust, amendments, notices received from the trustee, and the surrounding circumstances as early as possible. The first question is often not whether there are grounds to challenge the trust, it is whether there is still time to do so.
Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship between you and Gold Legacy Law. For legal advice regarding your personal situation, please contact our office to schedule a consultation.
