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 …
Will and Trust Contests
Can you sue a Florida trust protector for breach of fiduciary duty?
By Juan C. Antúnez on
Posted in Practice & Procedure, Will and Trust Contests
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?
By Juan C. Antúnez on
Posted in Compensation Disputes, Will and Trust Contests
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
By Juan C. Antúnez on
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?
By Juan C. Antúnez on
Posted in Will and Trust Contests
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?
Minassian v. Rachins, — So.3d —-, 2014 WL 6775269 (Fla. 4th DCA December 03, 2014)
In what could be a ground breaking decision, for the very first time we now have a Florida appellate court explicitly sanctioning the use …
5th DCA: Can a probate judge admit a challenged will to probate before the will contest is adjudicated?
By Juan C. Antúnez on
Posted in Will and Trust Contests
Platt v. Osteen, — So.3d —-, 2012 WL 6629650 (Fla. 5th DCA December 21, 2012)
The outcome of this inheritance dispute turned on two questions: first, was the decedent’s will valid, and second, did the party challenging its validity …
Does Florida’s Trust Code limit — or expand upon — existing common law when it comes to terminating irrevocable trusts?
By Juan C. Antúnez on
Posted in Practice & Procedure, Will and Trust Contests
Peck v. Peck, 133 So.3d 587 (Fla. 2d DCA February 26, 2014)
Part IV of Florida’s Trust Code provides precise, comprehensive, and easily accessible guidance on how to modify or terminate irrevocable trusts. (Click here for an excellent …
4th DCA: Once a probate judge grants a motion to compel arbitration, can that same judge dismiss the claim because one side fails to initiate the arbitration proceeding on a timely basis?
Gren v. Gren, 133 So.3d 1066 (Fla. 4th DCA January 8, 2014)
Why any estate planner would in good conscience subject his or her clients to all the systemic problems inherent to our underfunded and overworked probate courts is …