It used to be so simple. Back in the day trust lawyers had to contend with only three possible players: the settlor, the trustee, or the beneficiary. Today that trio’s often joined by a new creature we’re still not exactly …
4th DCA: When does the “renunciation” rule NOT apply in trust litigation?
Gossett v. Gossett, — So.3d —-, 2015 WL 8947627 (Fla. 4th DCA December 16, 2015)
As a general rule, a trust litigant can’t have it both ways: he can’t simultaneously benefit from and contest the validity of the same…
The sins of our fathers. Does Florida’s “slayer rule” also disinherit a killer’s descendants?
Fiel v. Hoffman, — So.3d —-, 2015 WL 4549604 (Fla. 4th DCA July 29, 2015)
This appeal is the latest chapter in the battle over the fortune of Fontainebleau heir Ben Novack Jr. Novack was murdered in 2009. In …
Can you challenge “joint” accounts and “POD” accounts on undue influence grounds in nonprobate inheritance cases?
In today’s world the vast majority of inherited wealth gets transferred from one generation to the next by nonprobate “will substitutes” that are not subject to probate, are not controlled by a person’s will, and are not governed by our …
Can you sue a Florida trust protector for breach of fiduciary duty?
Over the last few years there’s been a trend towards wider use of trust protectors in domestic trusts (see here for why), and last year’s 4th DCA opinion in the Minassian case (which I wrote about here) may go
Can a trial judge assess over $85,000 in attorneys fees against beneficiaries for suing a trustee who committed “numerous breaches” of fiduciary duty?
Harrell v. Badger, — So.3d —-, 2015 WL 3631639 (Fla. 5th DCA June 12, 2015)
The default rule in most civil trials is that win or lose, each side pays its own attorneys fees. Known as the “…
California court invalidates power of appointment; disinherited heir gets 1/3 of $55M trust
Sefton v. Sefton, — Cal.Rptr.3d —-, 2015 WL 1870302 (Cal.App. 4 Dist. April 24, 2015)
Assume you have a case involving a $55 million trust created under “Grandfather’s” Will, that provides for a life-time trust for his son (“Father”), …
Is Florida’s trust-reformation statute limited to only fixing “simple scrivener’s errors”?
Megiel-Rollo v. Megiel, — So.3d —-, 2015 WL 1740365 (Fla. 2d DCA April 17, 2015)
When it comes to wills and trusts, drafting mistakes come in all shapes and sizes. If the document’s written in a sloppy way that’s …
4th DCA: Is a spousal undue influence claim viable under Florida law?
Blinn v. Carlman, — So.3d —-, 2015 WL 1223665 (Fla. 4th DCA March 18, 2015) (trial-court order)
Who bears the burden of proof is often a decisive factor in will contests. Why? Because your single most important …
Can “trust protectors” be used to privatize Florida trust-construction disputes?
In what could be a ground breaking decision, for the very first time we now have a Florida appellate court explicitly sanctioning the use of trust protectors in a domestic trust proceeding.
Historically, trust protectors were a standard feature in …