Can You Contest a Trust After the Grantor Has Died in Florida?

Discovering that a loved one’s trust does not reflect what you expected after their death can be overwhelming. You may wonder whether the trust was created fairly, whether someone influenced your loved one’s decisions, or whether the document truly represents their wishes. Our Tampa trust litigation attorneys at Bleakley Bavol Denman & Grace help individuals understand their rights when questions arise about the validity of a trust.

So, can you contest a trust after the grantor has died in Florida? Yes, but successfully challenging a trust requires more than disagreeing with its terms. You must have a legal basis for the challenge and enough evidence to support your claim.

Who Can Contest a Trust in Florida?

Not everyone can challenge a trust. Generally, a person must have a direct financial or legal interest in the trust to challenge it. This may include beneficiaries, individuals named in a previous version of the trust, or people who would have inherited under Florida’s intestacy rules if no valid trust existed.

Common Reasons To Challenge a Florida Trust After Death

A trust contest typically focuses on whether the document accurately reflects the grantor’s true intentions. Some common reasons a trust may be challenged include:

• Lack of Mental Capacity: A grantor must understand the nature and consequences of creating or changing a trust. If they lacked the mental ability to understand their decisions because of illness, cognitive decline, or another condition, the trust may be challenged.
• Undue Influence: A trust may be invalid if someone pressured, manipulated, or controlled the grantor’s decisions for their own benefit. This issue often arises when a caregiver, family member, or another person in a position of trust influences changes to a trust.
• Fraud or Misrepresentation: If the grantor was deceived about what they were signing or was provided false information that affected their decisions, the trust may be contested.
• Improper Execution: Florida law requires trusts to follow certain legal requirements. If a trust was not properly created, signed, or amended, that may provide grounds for a challenge.

Florida Statute § 736.0207 places the burden of proof on the individual contesting the trust, so you must have strong evidence that supports your claim.

How Do You Contest a Trust After Someone Dies in Florida?

A trust contest generally begins by filing a legal action in the appropriate court. The person challenging the trust must present evidence supporting their claims, such as medical records, witness testimony, communications, financial documents, or other records showing why the trust may be invalid.

Under Florida law, timing is critical. A person who receives notice of the trust administration may have a limited period to challenge the trust. Missing the applicable deadline can prevent the court from considering the claim.

What Happens if a Trust Contest Is Successful?

If a court determines that a trust or part of a trust is invalid, the outcome depends on the circumstances. The assets may be distributed according to an earlier valid estate plan or, if no valid plan exists, under Florida’s intestacy laws.

Because trust contests involve strict deadlines, complicated evidence issues, and questions about the grantor’s intentions, it is important to understand your options before taking action.

Contact BBDG Law

If you believe a Florida trust is invalid, contact our skilled Tampa trust litigation attorneys at Bleakley Bavol Denman & Grace today to discuss your concerns and protect your rights.