FL Probate Blog
Posts Tagged: trust
Does a Trustee, Acting Alone, Have Standing to Seek Trust Reformation?
The enactment of Florida’s new Trust Code invited many unanswered questions, and the question of whether a trustee, acting solely in her capacity as trustee, has standing to seek reformation
Mistakes happen all the time when people are making their estate planning documents. The law is designed to provide fair remedies and solutions for families and loved ones who are victimized by an honest mistake by the deceased relative.
Court holds trust instrument was effective in transferring both real and personal property to the trust.Prior to Florida’s adoption of the new Trust Code, which became effective on July 1, 2007, the common law held that in order for a
Extrinsic Evidence Sufficient to Construe Settlor’s Original Intent
The new Florida Trust Code recognizes the recent increase in use of long-term trusts, thereby requiring greater flexibility in the restrictive rules that apply concerning when a trust may be terminated or modified
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