Choosing someone to act as your successor trustee upon your death or incapacity is not a decision that you should take lightly. Not only does that nominated successor trustee have a duty and obligation to carry out your wishes, but that trustee also has a fiduciary obligation to act prudently and appropriately for the benefit of the subsequent beneficiaries. However, what if that nominated successor trustee turns out to be a bad choice? What if the settlor of the trust is determined to be incapacitated and cannot alter the terms of the trust? The 5th District Court of Appeals of Florida in Rene v. Sykes-Kennedy, 156 So.3d 518 (Fla 5th DCA 2015) recently dealt with such an issue wherein a person who created a revocable trust was subsequently determined to be incapacitated. The person had nominated a granddaughter to serve as the successor trustee of the trust upon the person’s […]
read more- The Firm
- Probate and Guardianship
- What is probate?
- Estate Law Florida
- Probate Administration: Formal vs. Summary
- Ancillary Probate Administration
- Federal Estate Tax Return, Form 706
- Florida Elective Share
- Florida Power of Attorney
- Florida Trust Administration
- Guardianship Administration
- Florida Probate for Resident Aliens and Non-U.S. Citizens
- Litigation