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Time Limitations on a Challenge to a Trust in Florida

May 12, 2023

Estate planning and trust administration can be complex, particularly when disputes arise. It’s crucial for individuals involved in a trust dispute to be aware of the time limitations on contesting a trust in Florida. In this article, we will explore Florida Statute 736.0604 and related cases that provide guidance on time limitations for challenging a revocable trust.

Florida Statute 736.0604: Time Limit for Contesting the Validity of a Revocable Trust

Florida Statute 736.0604 sets forth the time limits for contesting the validity of a revocable trust. This statute establishes two potential deadlines, and the earlier of the two will apply:

  1. Six months after the trustee sends the person a copy of the trust instrument and a notice: This notice must inform the person of the trust’s existence, the trustee’s name and address, and the time allowed for commencing a proceeding.
  2. Time provided in Chapter 95: This chapter outlines general time limitations for civil actions in Florida.

It’s important to note that once the applicable time limit passes, the right to contest the trust is barred.

Relevant Case Law

Several cases have cited Florida Statute 736.0604, offering further insight into the statute’s application and related aspects of Florida trust law:

  1. Kountze v. Kountze discusses the requirements for removing a trustee under Florida Statute 736.0706.
  2. Wallace v. Comprehensive Pers. Care Servs. addresses the court’s power to remove a trustee.
  3. Levine v. Stimmel elaborates on the burden of proof for a party seeking attorney’s fees under section 736.1004.
  4. Carter v. Guardianship of Bromberg examines the rights of an “interested person” under Florida guardianship statutes.
  5. Lanford v. Phemister analyzes various aspects of Florida trust law, including references to Florida Statute 736.0604 and other related statutes.

Importance of Timely Action

Understanding the time limitations on challenging a trust in Florida is crucial for both beneficiaries and trustees. Failure to act within the prescribed time frame may result in losing the right to contest the trust. If you are involved in a trust dispute or have questions regarding the validity of a trust, seeking legal counsel is essential.

At Zoecklein Law, we understand the intricacies of estate planning and trust disputes in Florida. Our experienced team can help you navigate the complexities of Florida law, including the time limitations on challenging a trust. If you need assistance or have questions about a trust matter, don’t hesitate to contact us. Call Brice Zoecklein at 813-501-5071 for a free consultation today.

Additional Resources

For more information on trusts and trust litigation, you may be interested in the following articles: