When a decedent leaves a Miami revocable trust, after the death of the decedent, a revocable trust becomes irrevocable. This means that no changes can be made to the instrument nor can the trust be revoked. The trust can be challenged by a beneficiary or other interested party in court as to its validity or a claim made be made against the trustee for breach of fiduciary duty. This process is referred to as a trust contest. However, unless the plaintiff is successful in obtaining a court ruling in the plaintiff’s favor, the provisions of the trust stand, and the trustee named in the trust retains the position of trustee. The trustee must follow the trust instructions and distribute the assets to the beneficiaries in accordance with the trust instrument, as well as filing a trust notice with the Miami-Dade court. Miami trust beneficiaries may also have other rights.
Since trust matters and trust litigation matters are fairly complex, it is recommended that if you are a party to a trust matter, you seek the advice of an experienced and qualified Miami probate and estate attorney to assist you with handling the matter. A qualified Miami estate attorney understands Florida trust and probate laws and can represent a beneficiary or trustee in a Florida trust matter. If you wish to speak to a Miami estate attorney, call the Law Offices of Albert Gurevich at (786) 522-1411.