Under provisions of Florida’s new trust codes Florida Statute §736.04113F, the courts may agree to modify the terms of an irrevocable trust if the settlor can demonstrate that circumstances have sufficiently changed since the original terms of the trust were established. Under Statute §736.04115 of the state’s new trust codes, the court may also modify the terms of an irrevocable trust if the change will be in the best interest of the intended beneficiaries. Such would be the case, for example, if the grantor established an education trust for a child, but the child proved irresponsible with money as the assets became available upon entering college.
At the time estate holders establish a trust (grantor), there may be several very good reasons for the provisions placed on the distribution of assets. As years pass, the death of the grantor or family circumstances may change significantly. The original intentions of the trust may no longer be applicable for the family, or may even be impossible for the trustee to adhere to. Beneficiaries of the trust may need to litigate to change the provisions of the trust through the courts.
Trust Modification Lawyer Serving Palm Beach County, Martin County And Broward County
Whether you are a family member seeking to change the provisions of a trust, a trustee under challenge for adhering to the terms of the trust or the grantor seeking to change conditions you placed on the distribution of assets, the Law Office of David M. Garten, Esq., offers the experienced legal counsel you need.
Our founding attorney, David Garten, has more than a quarter century of in-depth knowledge and experience in Florida and federal trust laws. He has received the highest AV Preeminent* peer review rating for ethical standards and legal ability. He is recognized among legal peers and satisfied clients as one of the pre-eminent South Florida lawyers practicing in the areas of trust, probate and estate litigation.
At our firm, we believe that clients benefit from developing a one-on-one relationship with their attorney. You litigation matter will never be referred to an outside law firm or handed down to an associate attorney. We are recognized for practicing with integrity, beginning with responsive communication and close attention to detail throughout your case.
Our record of litigation results includes trust modification matters such as:
- Change of provisions for the distribution of assets
- Change of trustee
- Litigation involving modifying or contesting fiduciary fee arrangements
- Modification of rules regarding the investment of assets
- Disestablishment of a revocable trust
- Court orders to modify the provisions of an irrevocable trust
West Palm Beach Modification Of Trusts Attorney
Call 561-689-0054 to arrange a no-cost consultation with Mr. Garten. You may also use our convenient email contact form to inform us of details of your legal matter. We will return your call or message promptly.
*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.