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A trust is designed to control the distribution of a person’s assets and properties, often while minimizing or eliminating court involvement. But sometimes a trust contest lawsuit is necessary to interpret that grantor’s wishes, or protect their interests after their death. Find out what to expect in a trust contest lawsuit, whether you are the one filing it or defending against a trust dispute.
A trust is one of the main options for estate planning in Florida. It places the person’s assets in the possession of a separate trust entity under the control of a trustee. The trustee is often the person who created the trust (called the grantor) during their lifestyle. A successor trustee then takes over after the grantor’s death or incapacity. The trust uses the trust assets and investment income for the benefit of the grantor and those they designate as beneficiaries. It can happen all at once, or the assets may be invested and the proceeds and principal distributed more slowly over time.
The trustee is required to act according to the grantor’s instructions, as described in the trust documents. These documents control who may receive benefits, when and how distributions may be made, and any limitations on the distribution of assets. The trustee generally cannot change the trust documents, but they do have a lot of authority and discretion in how they apply the language to the assets and the beneficiaries’ distributions. This discretion can sometimes result in a trust contest lawsuit.
If you want to challenge a trust, you have to have “standing” – authority to file a petition in the Florida probate court. The circumstances can very significantly case to case, but often times standing would include having a direct interest in one or more of the following:
Most often, those people are the grantor’s family members, anyone named in the existing trust, or anyone named in an earlier Last Will and Testament or prior trust. If you are unsure if you have standing, you should meet with a trust contest lawyer as soon as possible, to determine whether you have authority to challenge the trust.
Your trust contest lawyer will review your case to determine whether you have a good reason to challenge the trust. This may be based on:
If you do, the trust contest lawyer may prepare and file a trust contest lawsuit or petition in the Florida Probate Court. That petition will be served on (sent to) the trustee, the trust’s beneficiaries, and any other interested parties.
Once your trust contest lawsuit is filed, your case will move forward both in and out of court.
Trust contest lawsuits are most often brought against people in your own family. Because of this, the best outcome most often comes from settling disputes out of court. You and your trust contest lawyer may invite the beneficiaries and other interested parties to mediation, or negotiate an agreeable settlement. These settlements strike a balance between enforcing your legal rights and maintaining your family ties. Sometimes, this settlement can even occur before the petition is filed, avoiding the need to file a trust contest lawsuit entirely.
At the same time, your trust contest lawyer will pursue formal court proceedings. This includes “discovery” – obtaining information and documents related to your case. Depending on the nature of your trust contest lawsuit, it may involve digging into:
Your trust contest lawyer may also file motions asking the probate court to answer certain legal questions or instruct the trustee or beneficiaries to do things while the case is pending. For example, you may need to file a motion to prevent the trustee from distributing trust assets while the case is pending.
Trust contest lawyers don’t just represent the petitioners filing the case. If you are a trustee or beneficiary whose trust is challenged, you may also need the help of a trust contest lawyer to defend against the trust dispute. Particularly, if the trust challenge is based on a party’s undue influence, that person will need the help of a trust contest lawyer to overcome the Court’s possible presumption that the influence occurred based on the person’s confidential relationship with the deceased, and to show the grantor meant what they said in their trust documents. Beneficiaries may also need to defend against a trust dispute to protect their interests in the assets and their loved one’s wishes. Defending a trust dispute follows the same process, including discovery, motions, negotiations, and attempts at settlement.
If a settlement is impossible, the case will then be set for trial. The petitioner must prove the basis for the trust challenge, while the beneficiaries may need to prove the grantor’s intent and mental capacity. The trustee may need to account for their investment and disbursement choices, and provide a full inventory of the trust’s assets. This is done through testimony by the parties and their witnesses and the submission of documents as formal evidence. Each side will be permitted to present evidence and argue their case. Then the judge will make a final decision and enter an order. That order may:
Filing or defending against a trust contest lawsuit can be complicated. If you seek to challenge a trust, remove a trustee, or defend a trust dispute, you will need a trust contest lawyer with knowledge and experience. At Harrison Estate Law, P.A., our probate litigation attorneys can help you investigate whether you have a case, file the necessary documents, perform legal discovery, file motions, and ultimately take the case to settlement or trial. Contact us here or call 352-559-9828 to get help today. If you don’t live close to Gainesville, we are happy to set up a phone or Zoom call. We have extended evening and weekend appointments available by request.
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