Florida Trust Administration
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...
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...
To Arbitrate or Not…
Many trust instruments require mediation or arbitration if there is a trust dispute. In the case of Gren v. Gren, 2014 WL 5640, decedent’s ex wife, the personal representative of the decedent’s estate, filed a petition for the construction of the decedent’s trust....
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...
Arguing Undue Influence In A Trust Formation? When Are You Barred?
Most beneficiaries are extremely unhappy when they learn they have been omitted from estate planning documents, especially when they believe that the decedent was “unduly influenced”. The factors to analyze whether undue influence exists were set forth in a 1971...
Revised Florida Decanting Statute… Effective July 1, 2018
A revised Florida statute permits decanting for more types of trusts. Unlike the decanting of wine, pouring wine from one container to another container, decanting, for legal purpose, is “pouring” assets from one trust to another, instead of distributing assets...
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...