What is the statute of limitations in Florida on contesting a revocable trust?

Asked over 3 years ago - San Diego, CA

A revocable living trust was created 10 years ago by the sole living parent of three siblings. Prior to the death of the parent, without reason given, the parent disinherited one of the siblings by amending the trust. The parent died in Florida in June 2010, the state in which they lived for many years. How much time from the date of death, or other landmarks, does the disinherited sibling have to contest the trust? What legal actions need to be taken and by when do they need to occur to challenge the trust? Who has the burden to prove undue influence to void the amendment to the trust?

Attorney answers (2)

  1. Dana Howard Shultz

    Contributor Level 19

    Answered . It appears that you should re-post this question under Florida, rather than CA, so you may receive answers from Florida attorneys.

  2. Christine Coffman Karr

    Contributor Level 11

    Answered . Your question is very law-specific, in that you are inquiring into Statutes of Limitations for bring an action, and who bears the burden of proof in such an action. Undoubtably, you will require the assistance of an experienced Floriday attorney, who is familiar with state law regarding trusts and trust administration.

    For example, in Illinois, in order to "contest" a trust, you need to establish that there is an ambiguity within the trust document - it is much more difficult to "un-do" a trust than it is to contest a will.

    Best of luck to you - you definitely need an attorney for this.

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