Proper Venue (Jurisdiction) for Proceedings Against a Foreign Trust

By: David M. Garten, Esq.

Article: Proper Venue (Jurisdiction) for Proceedings Against a Foreign Trust 

Sec.736.0205, Fla. Stat. reads:

736.0205 Trust proceedings; dismissal of matters relating to foreign trusts.--Over the objection of a party, the court shall not entertain proceedings under s. 736.0201 for a trust registered, or having its principal place of administration, in another state unless all interested parties could not be bound by litigation in the courts of the state where the trust is registered or has its principal place of administration. The court may condition a stay or dismissal of a proceeding under this section on the consent of any party to jurisdiction of the state where the trust is registered or has its principal place of business, or the court may grant a continuance or enter any other appropriate order.

SO YOU WANT TO CONTEST A WILL? A SIMPLE ROADMAP THROUGH THE LITIGATION MAZE

By:  David M. Garten, Esq.

SO YOU WANT TO CONTEST A WILL? A SIMPLE ROADMAP THROUGH THE LITIGATION MAZE

I.   REASONS TO CONTEST A WILL OR TRUST

Your mother, who was suffering from Alzheimer’s disease, leaves all of her money to her male

nurse. Your brother unduly influences your father into changing the title on his brokerage accounts

to joint tenants with right of survivorship with your brother.  Your 90 year old father amended his

Trust one week prior to death and stated that he left you $1 “for reasons best known to my son”. 

What reasons?  What happened between the time you last saw your father and the date he signed

the Trust amendment?