I am thinking about challenging a "Revocable Trust" in Florida. Can a "Revocable Trust" in Florida be challenged?

You are correct that a Will and by extension a revocable trust could not be challenged during the settlor's life. Case law provided this for both. This was based on the theory that the law does not want to litigate something until it is ripe. For example the money may all be used before the death - making a dispute by after death beneficiaries moot. There was an amendment to the statutes in 2006. 736.0207 Trust contests.–An action to contest the validity of all or part of a trust may not be commenced until the trust becomes irrevocable, except this section does not prohibit such action by the guardian of the property of an incapacitated settlor. History.–s. 2, ch. 2006-217. There are lots of nuances in this area and you need to speak with an attorney that has both guardianship and trust litigation experience. The trust law has changed also in the area of amendments by courts and all of this is very fact specific.

This is a complicated matter and there are some options but more details are necessary to determine them. One of the options is that If the facts are as you allege, you can try to establish a guardianship. As guardian, you could be granted the powe to revoke the revocable trust. David Goldman Apple Law Firm PLLC 331 East Monroe Street Jacksonville, FL 32202 Tel (904) 685-1200 Fax (904) 212-0678 http://www.JacksonvilleLawyer.pro/ http://www.GunTrustLawyer.com/ http://www.FloridaEstatePlanningLawyerBlog.com/