My stepmother put a no contest indemnity clause in her trust agreement . . . is that legal in Florida

Attorney answers (7)

1. Licensed in FL

   

   Carol Johnson

   Saint Petersburg Trusts Attorney

   Contributor Level 14

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   Answered February 27, 2013 20:28. This is called an "in terrorem" clause and, in Florida, is unenforceable in both wills and trusts as being against public policy. The Florida Probate Code, at section 732.517, and Florida Trust Code, at section §736.1108. (Penalty clause for contest).

   Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate,... moreCarol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter. less

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2. Licensed in FL

   

   Marc Jeremy SossPro

   Sarasota Estate Planning Attorney

   Contributor Level 12

   

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   Answered February 28, 2013 10:56. That clause is unenforceable under Florida law.

   This answer has been prepared for informational purposes only and does not constitute legal advice. The... moreThis answer has been prepared for informational purposes only and does not constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction. less

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3. Licensed in FL

   

   Lawrence MarraffinoPro

   Gainesville Bankruptcy Attorney

   Contributor Level 13

   

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   Answered February 28, 2013 09:17. Are you a party to the litigation? If so, you need to hire a lawyer to protect your rights.
   
   Lawrence J. Marraffino
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   This answer cannot be a substitute for legal advice which requires more information from the client than can be... moreThis answer cannot be a substitute for legal advice which requires more information from the client than can be obtained in this forum. Therefore this answer CANNOT BE RELIED UPON AS LEGAL ADVICE FROM THIS ATTORNEY. less

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   Sean LewisPro

   Fresno Trusts Attorney

   Contributor Level 13

   

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   Answered February 27, 2013 19:44. Supposedly unenforceable for trusts created after 10/1/1993.
   
   http://www.flsenate.gov/Laws/Statutes/2012/736....

   The above is not intended to be legal advice, but may be used for general information. Please contact an attorney... moreThe above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs. www.figgardenlaw.com less

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5. Licensed in FL

   

   Joseph PippenPro

   Largo Estate Planning Attorney

   Contributor Level 20

   

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   Answered March 02, 2013 07:53. Unenforceable and the trust might be able to recover fees against the sueing party.

   The answer given does not imply that an attorney-client relationship has been established and your best course of... moreThe answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter. less

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6. Licensed in FL

   

   Carlos Jimenez

   Boynton Beach Personal Injury Lawyer

   Contributor Level 9

   Answered March 02, 2013 08:12. Unenforceable. You should retain a Florida lawyer.

   This information does not constitute am attorney / client relationship and is just a general answer to the... moreThis information does not constitute am attorney / client relationship and is just a general answer to the question posed with the limited facts available. There is no substitute to a consultation with an attorney licensed in your State. less

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7. Licensed in FL

   

   Joshua Keleske

   Tampa Estate Planning Attorney

   Contributor Level 10

   Answered March 03, 2013 04:30. Florida law does not recognize no contest clauses in Wills and Trusts. Occasionally, these documents should be contested - specifically if they were established under duress or undue influence.

   The information included in my answer is not intended and should not be construed as legal advice other than the... moreThe information included in my answer is not intended and should not be construed as legal advice other than the advice to retain counsel to fully assess your rights under the trust instrument. less

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