revocable trust

[teddy]

I have a few questions:

Can a beneficiary contest a irrevocable trust after death; if so, how long do they have do so?

If the beneficiary chooses to contest, how long does it take to resolve if the beneficiary is trying to prove incapacitation by the deceased?

Can the trust be distributed while the beneficiary contests?

If no beneficiary contests the irrevocable trust, does it take to distribute the funds to the beneficiaries? Is it shorter than probate. All is in place since the property of the deceased is sold.

This is regarding an irrevocable trust in the state of Florida.

 

[lwpat]

Yes they can contest and it depends on the statute of limitations in your state. Incapacity is normally very difficult to prove. Usually it will be contested on the grounds of undue influence.

If a beneficiary contests it would not be wise for the trustee to distrubute the assets. You can expect it to take two years to work its way through the courts unless you can get a summary judgment.