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Comments for what do I do next? - Wills, Trusts, Probate

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Trust
by: Judy L.

Dear Peggy,
I am not an attorney, so please continue your own research on your own. Consider this as information NOT advice. I believe you are on the right path. As long as he has been properly served, wait 20 days for his answer. Once he answers either party can request a hearing. If he does not answer you can file a Motion for Default and request a hearing anyway. As far as I know when there is a dispute over a living trust the process wends its way through civil court as would any other law suit.

Rules of Civil Procedure:

RULE 1.140 DEFENSES

(a) When Presented.

(1) Unless a different time is prescribed in a statute of Florida, a defendant shall serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication. A party served with a pleading stating a crossclaim against that party shall serve an answer to it within 20 days after service on that party. The plaintiff shall serve an answer to a counterclaim within 20 days after service of the counterclaim. If a reply is required, the reply shall be served within 20 days after service of the answer.

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