Florida Statute 736.0202: Can I Get Sued in Florida Simply Because a Florida Trust Pays me a Monthly Check?

Under Florida Statute 736.0202, where can you sue a Florida trustee? Does the statute allow me to sue a Florida trustee who lives in New York or Massachusetts? What is a long-arm statute? When can jurisdictional issues arise in Palm Beach probate litigation? If you are a probate lawyer, or someone looking to sue a beneficiary of a Palm Beach trust who lives in another state, you may want to read a recent case from the Southern District of Florida, Abromats v. Abromats, which discusses jurisdiction and the constitutionality of Florida Statute 736.0202.

Trust and Inheritance Lawsuits

• If you wish to sue a trustee of a Florida trust, who lives outside of the sunshine state, click here to read Florida Statute 736.0202.
• In 2013, the Florida Legislature changed Florida trust law regarding personal jurisdiction over beneficiaries and trustees.
• You may now be able to sue a non-Florida trustee or beneficiary in Florida probate court.
• If you’re thinking about getting involved in  trust and estates litigation in West Palm Beach, you need to be familiar with the personal jurisdiction laws in Florida.

Abromats v. Abromats

• Here, a mother passed away after executing and amending an inter vivos trust.
• The mother had two sons.
• One son sued the other claiming that he had unduly influenced his mother to amend her trust for his own benefit.
• The son who was being sued had no connection to Florida other than simply receiving checks from his mother’s trust.
• Is that enough to make him have to show up in Florida court?
• Even though Florida law says it is, is it constitutional?
• The court determined that he COULD be sued in Florida court, even though he didn’t live in Florida.
• Click here to read the entire case and find out why.