Can You Reform an Invalidly Executed Trust?

What happens when a trust is not executed properly? Can the trust be reformed after the grantor’s death? In some cases, yes. However, in Kelly, et. al. v. Lindenau, the answer was not favorable. Ralph created a an Illinois trust in December 2006, properly executed under Illinois law. Upon Ralph’s…

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A Recipe for Disaster… Improper Planning for Stepchildren

It is no secret that,  when parents get remarried, one of the biggest issues, either financially or emotionally, is dealing with stepchildren and step-parenting. The issues become even more apparent when the biological father or mother dies. A recent case shows what happens when there is little planning or thought…

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Decanting…It Isn’t Just About Wine…

Some of you may have heard of decanting in the wine world. Apparently, sediment from the fermentation process can produce an undesirable taste in wine. The wine is decanted to separate the wine from these sediments. In the trust world, a trust can be “decanted” from one trust to another…

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What’s New in 2015?

In the 2015 session, the Florida legislature passed some very important bills applicable to guardianships, health care surrogates, minors, estate planning and probate. Here are a few of those with links to the actual bills: 1. HB 5, which has been signed by the Governor and takes effect on July…

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Does the Trustee’s Attorney Also Represent the Beneficiary?

A trustee of a trust generally hires an attorney to represent him or her in administering the trust to ensure that they are administering the trust in accordance with Florida law. Confusion often arises when a beneficiary receives correspondence and/or documentation from the attorney on behalf of the trustee regarding…

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What IS a Trust Protector? Do you Need One?

Under Section 736.808(3) of the Florida Trust Code, the terms of a trust may give another person (other than the trustee) a power to direct the modification of a trust. We often call this person a “trust protector” or a “trust adviser”. This person has the ability to affect the…

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Quicky Divorce.. What Happens In Vegas Stays in Vegas?

A rather interesting case was just decided in Broward County regarding the validity of a  divorce in Nevada and the effect of the divorce upon inheritance rights in Florida. In Kelley, III v. Kelley and Northern Trust, a grandfather, Gordon Kelley, created an irrevocable  trust (the Kelley Trust) in 1956…

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