QUESTION

How long does a benificiary of a trust have to contest it in Florida?

Asked on Oct 02nd, 2012 on Wills and Probate - Florida
More details to this question:
The notice of Trust and Notice of Administration were both sent out on 03/20/12. I am one of the major benificiaries of the trust and my payout is being held up by my Aunt who has not signed off on her payment. She receivied her check in December 2011 and has not formally contested, but her attorney has asked for a final accounting and she will not communicate with anyone involved. The attorney overseeing the Trust said she has another 6 months to contest after she receives the final accounting.
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1 ANSWER

Estate Planning Attorney serving Jacksonville, FL at The Coleman Law Firm, PLLC
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The length of time that a beneficiary may file a challenge for a trust depends on the nature of the challenge, i.e., whether the challenge is to the accounting, or whether it is to an issue relating to the validity, enforceability, or interpretation of the trust document. Florida Statutes, Section 736.1008, provides the limitations periods for proceedings by a beneficiary against the trustee of the trust.  For issues related to accountings, Section 736.1008(2) provides that "a beneficiary is barred from bringing an action against a trustee for breach of trust with respect to a matter that was adequately disclosed in a trust disclosure document unless a proceeding to assert the claim is commenced within 6 months after receipt from the trustee of the trust disclosure document or a limitation notice that applies to that disclosure document. If there is a challenge to a trustee's actions and the trustee has not issued a final accounting for the trust, or provided the trust beneficiaries with access to the trust records for examination, and the claim is based on a matter that was not adequately disclosed by the Trustee, then the limitations periods provided by Florida Statutes, Chapter 95 will control the period of time within which the claim must be brought.  Generally speaking, those limitations periods will be either 4 years or 5 years from the occurrence of the claim, depending on the nature of the claim.
Answered on Oct 03rd, 2012 at 2:32 PM

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