When it comes to the Florida probate litigation statute of limitations, one might generally presume reading F.S. Ch. 95 that they have about four years to file a case. However, as our Fort Lauderdale probate litigation attorneys can explain, trust cases in particular almost always follow something called equitable law.
Equitable strives for equal, but in the case of some breach of trust cases, our Fort Lauderdale probate litigation attorneys have seen this mean as little as 6 months… Or it could mean you have as many as 40 years.
In the case of undue influence, however (which is the most common grounds for a Florida will contest), your limitations period again is usually four years. At most, however, it can be up to 12 years. This is thanks to something called the “delayed discovery doctrine.” Continue reading