Legal Question in Wills and Trusts in Florida
My father died last November. Prior to his passing, he allegedly (while suffering from Dementia) signed a irrevocable trust giving everything to his new wife, who then gave full control to her son. She died unexpectedly this month. Do I have any right to see the trust or to challenge the inheritance rights?
Asked on 10/26/10, 12:46 pm
2 Answers from Attorneys
Marc J. Soss
Marc J. Soss, Esquire
Unfortunately, only if you are a beneficiary or listed as a back-up fiduciary (trustee) do you have any rights to see the instrument.
Answered on 10/31/10, 12:55 pm
Yes you can challenge it if you would become an interested party if successful. Also, there is a time limit to challenge it, so don't wait.
However, you have to prove your allegations, that he in capacitated to execute such documents. If his doctors back you up, that would help.
Answered on 10/31/10, 1:12 pm
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