Six Months, One Notice: The Florida Trust Deadline Families Rarely See Coming

When a loved one passes away, the legal calendar does not pause for grief. In Florida, the window to challenge a trust that was revocable at the settlor’s death can be much shorter than most families expect, and it may start running before anyone realizes it. It is a question many people ask: “How long do we have?” The Fort Lauderdale probate litigation attorneys at Edward J. Jennings, P.A. can review the paperwork, and an attorney can explain how the rules apply to a particular trust. Here is a general look at how the deadline works.

The Rule in Plain English

Section 736.0604, Florida Statutes, says an action to contest the validity of a trust that was revocable at the settlor’s death is barred if it is not started within the earlier of two periods. One is the time provided in chapter 95 of the Florida Statutes. The other is six months after the trustee sent the person a copy of the trust instrument and a notice. Whichever period ends first controls.

What Actually Starts the Clock

The six months does not begin on the date of death. It begins after the trustee sends the person a copy of the trust instrument along with a notice that covers three points:

• The trust exists
• The trustee’s name and address
• The time allowed for commencing a proceeding

Because the period is tied to what the trustee actually sent, the details of that mailing can matter a great deal. What was included, and when it went out, are fair questions to ask.

Not to Be Confused With the Court Filing

Families sometimes mix this up with a different trustee task. Under § 736.05055, Florida Statutes, after the death of the settlor of certain trusts, the trustee must file a notice of trust with the court. That filing lists the settlor’s name, the date of death, the title and date of the trust, and the trustee’s name and address. The section deals with estate expenses and obligations. It does not mention the contest deadline, so treating the two notices as the same thing is an easy mistake to make.

Why the Timing Matters

A missed deadline can end a claim before a judge ever hears it. Evidence also fades over time, since records get lost and memories blur. And because the statute looks at when the trustee sent the materials to “the person,” one relative’s deadline may not match another’s.

If a trustee’s notice has landed in your mailbox, an attorney can help you understand what it says and what may follow. Our Fort Lauderdale trust litigation lawyers at Edward J. Jennings, P.A. are glad to talk it through. Call us at 954-764-4330 to schedule a consultation, and let us look at the timeline together.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/Sections/0736.0604.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/Sections/0736.05055.html