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

High Springs, FL |

mi now in litigation my stepsister is trying to sue the trustee of the estate . . . . can the " scotched earth " clause be enforced in Florida . . if so what is the statue # under trust law in Florida

Attorney Answers 7

Posted

Supposedly unenforceable for trusts created after 10/1/1993.

http://www.flsenate.gov/Laws/Statutes/2012/736.1108

The 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

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2 lawyers agree

Posted

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, 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.

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Posted

Are you a party to the litigation? If so, you need to hire a lawyer to protect your rights.

Lawrence J. Marraffino
Gainesville Board Certified Civil Trial Lawyer
www.ljmpa.com

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This 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.

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1 lawyer agrees

Posted

That clause is unenforceable under Florida law.

This 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.

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Posted

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 action is to have legal representation in this matter.

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Posted

Unenforceable. You should retain a Florida lawyer.

This 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.

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Posted

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 advice to retain counsel to fully assess your rights under the trust instrument.

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