2d DCA: Does Florida’s “delayed discovery doctrine” apply to undue influence claims?

Flanzer v. Kaplan, — So.3d —- 2017 WL 5759041 (Fla. 2d DCA November 29, 2017) Your favorite probate lawyer calls; she’s got a potential trust case for you, but isn’t sure if it’s time barred. You’d think something as basic as knowing how long you have to file a lawsuit would be simple to figure out. And you’d be wrong. Why? Because trust cases are almost always based on “equitable” law, which means they don’t fit neatly into our statutes of limitations. For example, if you’re going to sue a trustee for some kind of breach of trust, the general rule is that you’ve got 4 years to file your lawsuit, but depending on the particular facts of your case, your actual filing deadline could vary wildly: from a low of 6 months to a high of 40 years! (see here, here). And if you’re challenging the validity of a trust based on undue influence (the most common line of…

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