Florida’s Short Statutes of Limitation on Probates and Trusts
Did you know that you potentially only have 90 days to dispute a will or probate issue in Florida?
The time for contesting a will in Florida is short, typically 90 days after the Notice of Administration has been provided by the personal representative, or 20 days in the event that Formal Notice of the probate proceeding is received before the will has been admitted to probate.
Call an Attorney If You Suspect Something is Wrong
You have even less time in a trust dispute which only allots you only 60 days to file a dispute. Florida’s short statutes of limitation on probates and trusts are binding. There are few instances of extended time to pursue disputes.
Courts operate according to strict and complex deadlines. This means that if you suspect a family member’s estate or trust was the product of undue influence, do not wait to act.
Attorney Reed Bloodworth, the Founder and CEO of Bloodworth Law in Orlando, Florida, handles probate and trust disputes and litigation. Reed has handled hundreds of trust and probate cases since 2004.
What Are the Common Problems?
Let’s take a look at what you might encounter during a probate or trust administration after the decedent has died where timing becomes an issue.
First, if you’re not really in the frame of mind to deal with asking family about an estate or a trust, hire an attorney to do that for you.
But if you’re a beneficiary, you have to put emotions on hold to get the answers that you need.
Bad Behavior We See
You will naturally want to avoid the need for probate litigation or trust litigation or any extended court proceedings involving your property. But here’s the reality that we see every day:
- relatives and other beneficiaries can cause chaos
- family members may be deceitful
- in the worst cases, personal representatives or trustees make illegal changes to a will or a trust
When Trusts or Wills Declared Invalid?
The good news is that under Florida law, a trust may be declared partially or completely invalid if there is evidence of fraud, duress, breach of fiduciary duty, illegal accounting actions, or undue influence.
Act Quickly to Meet Florida Deadlines: Time Runs Out
But due to Florida statutes of limitation, you need to act the moment that you feel in your heart that there is something wrong. You can always call a probate litigation or a trust litigation attorney just to ask them about your situation.
Don’t wait and don’t let time run out. Give Reed a call to find out how the Bloodworth Law Probate or Trust Litigation Team can help you or your family.Consider sharing this post