Click here for a PDF copy of the Agenda and related Reports/White Papers for the Probate and Trust Litigation Committee Meeting in Bonita Springs on May 22, 2008. I found the following legislative items especially interesting:
- Corporate trustees should be happy with the new legislation being proposed in House Bill 435 [Agenda ITEM 2]. This bill would make the following changes to Florida's Trust Code:
- F.S. 763.0703(7) would be amended to provide for the type of "directed trusts" banks and trust companies have been lobbying for. Click here for the back story on this issue.
- F.S. 736.0802(10) would be amended to make it much more difficult to cut off a trustee's access to trust funds to pay attorney's fees when being sued for breach of trust. Click here for an example of the type anti-trustee ruling this legislation is attempting to block.
- F.S. 736.1008 would be amended to set new outside time limits on when a beneficiary could sue a trustee for breach of trust.
- It looks like the proposed new rule giving heirs standing to challenge a deathbed marriage on the grounds of fraud, duress or undue influence I previously wrote about [click here] is coming up for a vote [Agenda ITEM 4]. This is good public policy, I hope it becomes law soon.
Questions/comments regarding the meeting and the linked-to materials should be directed to the committee chair: William ("Bill") T. Hennessey.