Legal Question in Wills and Trusts in Florida
wills/trusts
can you contest an irrivocable trust because of a passing that was of possible unsound mind that was changed a month before passing
Asked on 5/27/09, 12:19 pm
3 Answers from Attorneys
Robert Roemer
Robert Roemer
Re: wills/trusts
Generally, if the person who set up the Trust was of sound mind when the trust was created, you can not attack the Trust itself.
However, if there was a change to the Trust, an amendment, by a person who lacked capacity to make the change, you can attack the amendment.
If you have any further questions, please feel free to e-mail your telephone number to me and a good time to call.
Answered on 5/28/09, 1:10 pm
David Slater
David P. Slater, Esq.
Re: wills/trusts
Yes, but it is not easy.
Answered on 5/27/09, 2:01 pm
Alan Wagner
Wagner, McLaughlin & Whittemore P.A.
Re: wills/trusts
a "possible" unsound mind will not invalidate a trust.
Answered on 5/27/09, 3:35 pm
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