My father died and left a irrevocable trust which left his assets to charity and excluded myself and my children

A trust can be challenged as void because its creation was induced by fraud, duress, or undue influence or because its purpose was unlawful and contrary to public policy. You will have to check with your state's statute of limitations to determine the time frame for bringing a claim against a trust. It is in your best interest to contact a local attorney familiar with this area of practice to determine what your state's requirements are for creating a trust and whether you have a valid claim to challenge it.

A trust can be contested but it is very difficult to do. Florida does allow a person to omit children / heirs. Douglas R. Coenson, Esq. [email protected] (561) 315-2120 Jupiter, FL

While you can certainly contest the trust, it is very difficult to do so, and you would need to prove fraud, duress or undue influence. Generally, a parent has no obligation to pass assets to their children and they can disinherit the entire family if they so choose. If you have a copy of the trust, you may want to get it to a local estate administration attorney for review, but I wouldn't be too optimistic about your chances of succeeding. NOTE: If you find this response helpful, please click on the “thumbs up” button at the bottom. DISCLAIMER: THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT A QUALIFIED ATTORNEY.

I concur with all three posts above. Take this Trust to a Trust attorney who can review it for avenues of contestment. There are numerous areas your can contest this trust but a Settlor/creator of the trust has the ability in Florida to leave out people at their discretion. Or see an elder law attorney since this subject can be complex and other issues are created that you might require further information. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you! My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies. Dan W. Armstrong, Attorney Law Offices of Dan W. Armstrong, P.A. 822 A1A North, Suite 303 Ponte Vedra Beach, FL 32082 (O) 904.280.0058, (F) 904.280.0109 http://www.danarmstrong.com