Can you change your trust agreement in the middle of a litigation? Palm Beach probate court says yes…

In courts of the law, “standing” is the term used to describe the ability of a party to demonstrate to the court sufficient connection to, and harm from, the action being challenged. The connection to and harm from the specific event must be enough to support that party’s participation in the case.

This is often a point of confusion in Florida Probate cases.  Most of the time it is easy to see how a party is harmed by not getting an inheritance or a gift from a decedent.  But if the will didn’t mention this specific party, it is difficult to prove the “connection” element to theadministration of the decedent’s will and estate.  How, though, do courts deal with standing in cases involving Florida trust administration?

In Minassian v. Rachins, 4D13-2241, 2014 WL 6775269 (Fla. 4th DCA 2014):

• The decedent, Mr. Minassian, created a Family trust that became irrevocable at his death.
• The Family Trust was intended to provide for the lifetime benefit of Mrs. Minassian and was to be administered for that purpose until her death.
• At Mrs. Minassian death, the Family Trust was to be terminated and the remainder to go to Mr. Minassian’s children.
• Because Mrs. Minassian was the sole trustee, as well as a beneficiary, she was able to use the trust to her own benefit.
• However, when Mrs. Minassian begain administering the trust as she saw fit, against the wishes of Mr. Minassian’s children, things began to get messy.

The children sued Mrs. Minassian in an attempt to gain control of the trust to preserve the assets for their inheritance.  Mrs. Minassian moved to dismiss their claim based on lack of standing.  She claimed that, although trusts were to be created for the children after her death, the children weren’t named in the specific Family Trust that she was using to her benefit.  Because of that fact, the children had no standing to bring a claim against Mrs. Minassian’s administration of a trust of which they were not beneficiaries.

Palm Beach probate litigation attorneys know that standing can be an extremely complicated issue in Florida Probate courts.  Sometimes the issue can turn on whether the connection to the action is conscionable or understandable.  But sometimes, as in the case above, Florida probate courts can apply a stricter definition of the term, limiting the power for plaintiffs to sue.

See http://www.pankauskilawfirm.com/ for videos and information on Wills in Florida, Florida Trust Law, Estate Planning, and Estate Administration in Florida.