FL Probate Blog
Posts Tagged: Trust Litigation
Can a joint and contractual trust be revoked by sole surviving settlor?
Florida law recognizes that parties may execute joint and mutual testamentary instruments. One Florida court held that a joint and mutual will may be the product of a contract
Necessary and Indispensable Parties in Trust Lawsuits: Second District Clarifies Rule in Trust Probate Dispute
Who is a Necessary Party?
The term “necessary party” has been defined in a variety of ways, but generally most litigators will agree that a “necessary party”
Washington joins other states in growing trend
The doctrine of de facto trustee is gaining popularity in its recognition by state court’s and trust and estate jurisprudence. A person is a de facto trustee where the person (1) assumed the office
Resulting trusts are a fiction of the law that arises where property is transferred or acquired by one under facts and circumstances which indicate that the beneficial interest is not intended to be enjoyed by the holder of legal title.
Learn the Language: Fifth District Court of Appeals Reverses Probate Judge and Predicates Opinion On its Own Perception of Trust Language and “Settlor’s Intent”In Brown v. Miller, — So.2d —-, 2008 WL 4600940, 33 Fla.L.Weekly D2433c, Fla.App. 5 Dist., October
Is Florida legislation needed to address the presence of undue influence in trust revocation situations involving vulnerable elderly adults?
It is no secret that Florida is home to a geriatric population, many of whom are vulnerable to exploitation due to the
FLORIDA UNIFORM TRUST CODE
Is it Time for Trusts to Take a Trip to the Repair Shop? Florida Court Gives Liberal Application of New Trust Code Provision Allowing for Repair of Mistakes in Trust Language Upon Application of an Interested Person.
Can a Trust Exist Where the Beneficiaries’ Interest Are Contingent on Surviving the Settlor or Other Events?
This interesting question was raised not only discussions leading up to the drafting of the Third Restatement of Trusts, but also in recent case