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Tag: #truststandingflorida

Trust Standing Florida — who can attack a trust?

In the News • Oct 22, 2021
post about Trust Standing Florida — who can attack a trust?

Want to object to a trust? You need trust standing Florida to bring a trust contest. Also called a “trust challenge.” That means you have to have some connection to the trust, a prior trust, the trustee, or the dead person who created it. A recent Florida Appellate Court decision tells you more about whether you can attack a trust. It’s worth a read whether you want to have the trust voided, or if you are the trustee, and you have to defend the lawsuit. 1st Steps 1st — what is standing and why do I need it? What is trust standing Florida? Why does it matter? Think of standing as the legal connection one has to the trust. After all, everybody in the world can’t come in and object to a trust or launch a trust challenge. You need some connection. You have to have an interest that was affected by a trust before you can file a trust lawsuit attacking it. And it matters for two reasons. 1st, family members and prior beneficiaries may want to challenge a change to the trust if there was undue influence or fraud. And — 2nd — let’s face it, there are a lot of trusts in Florida! Holding billions and billions of dollars. And many times, a trust will be “restated” or “amended.” Or revoked ! And a new trust created. Not surprisingly, those trust documents often leaven out certain family members, or beneficiaries. Sometimes they leave more to another family […]

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