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

Asked over 1 year ago - 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)

  1. Carol Anne Johnson

    Contributor Level 18

    5

    Lawyers agree

    Answered . 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,... more
  2. Marc Jeremy Soss

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . That clause is unenforceable under Florida law.

    This answer has been prepared for informational purposes only and does not constitute legal advice. The... more
  3. Lawrence Joseph Marraffino

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . 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... more
  4. Sean Patrick Lewis

    Contributor Level 17

    2

    Lawyers agree

    Answered . 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... more
  5. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    Answered . 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... more
  6. Carlos J. Jimenez

    Contributor Level 9

    Answered . Unenforceable. You should retain a Florida lawyer.

    This information does not constitute am attorney / client relationship and is just a general answer to the... more
  7. Joshua Thomas Keleske

    Contributor Level 10

    Answered . 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... more

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