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Florida Probate Blog

Posts Tagged: standing to sue a trustee

Disinherited Children Have Standing to Sue for Breach of Trust

Written by on Aug 22, 2019| Posted in: Trust Litigation

Disinherited children are “interested persons” who have standing to sue a trustee for breach of trust while their invalidation of trust action is pending. The Fifth District Court of Appeals released the Cruz v. Community Bank opinion holding that disinherited children had standing to sue a trustee for breach of trust while their trust invalidation action was pending.  Under the facts of Cruz, the decedent’s children, Tracy L. Cruz and Gregory W. Cates, brought an action seeking to invalidate their father’s 2016 trust, which essentially disinherited them in favor of charities, on the grounds that their father lacked capacity at the time he created the trust.  While the trust contest was pending, the trustee of the decedent’s trust, served an accounting on Ms. Cruz and Mr. Cates, who in turn filed a breach of trust action alleging mismanagement of the trust assets.  The trustee bank moved to dismiss the complaint […]

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