#FLORIDA TRUST BENEFICIARIES SUE SISTER #FLORIDA TRUSTEE – creating a #Florida trust while dad is in a coma after a massive stroke !
SISTER CREATES #FLORIDA REVOCABLE TRUST WHILE DAD IS IN COMA
This #trust lawsuit in #Miami probate court involves a #guardianship case of three adult siblings who sued their sister. The sister is the #Florida trustee, and also a #Florida trust beneficiary, of a #Florida Revocable Trust.
The three adult children are #beneficiaries of the #Florida revocable trust.
What, if anything, did the sister do wrong? In 2010, she created and funded her father’s #Florida revocable trust — while dad was in a coma after suffering a massive stroke! Evidently, she did not tell her sister and two brothers about this.
#FLORIDA GUARDIANSHIPS CAN CHANGE YOUR #ESTATE PLAN
No one – – – only you – – – can alter your #estate plan. Want to change your #Florida will? Want to amend your #Florida revocable trust? Only you can do that voluntarily and while you are #competent. Unless ………..you are not #competent and………. are in Florida.
In Florida, however, if you are not competent, a #guardianship may be created in a #Florida probate court.
- #Florida probate courts handle all guardianship matters.
- Sometimes referred to as a #guardianship court.
- With proper notice to the #Florida guardianship court, and to the #Florida guardianship, a #Florida probate judge will entertain a request to alter or change someone’s estate plan.
CAN A #FLORIDA COURT CHANGE MY ESTATE PLAN? YES !!!
If you are not #competent, perhaps suffer from progressive #dementia, or don’t have full #mental capacity, a #guardianship court may step in and appoint a #Guardian, to look out for your best interests in your financial affairs.
If changing your #estate plan is in your best interests, a #guardianship judge may permit your #Florida will or your #Florida revocable trust to be altered.
When a #guardianship is requested in a #Florida probate court some important things happen:
- if there is an emergency, a #temporary Guardian may be appointed right away
- the #Florida Guardian will need to account and report to the #Florida guardianship court
- an examining committee will be appointed by the #Florida probate judge to interview the person who is the subject of the #Florida guardianship
- the #probate judge will appoint a #Florida guardianship attorney to look out for, protect, and represent the person who is believed to be incapacitated
Here’s what the daughter/sister did in this recent #Miami, Florida case which made it up to the #Florida Court of Appeals — causing her three siblings to sue her in a #Miami probate court.
- Shortly after their dad suffered a massive stroke and went into a coma, sister filed a #guardianship to be appointed as dad’s #emergency temporary guardian
- the #guardianship court in Miami appointed her #temporary guardian
- she filed a #guardianship petition, as #emergency Guardian, to Create and Fund a #Revocable Trust — she wanted to create a #Florida estate plan for her dad
WHO CONTROLS THE MONEY ? WHO CONTROLS THE #FLORIDA TRUST?
So, what did the #Florida revocable trust say that cause the siblings to sue their sister who was #temporary guardian and #Florida trustee?
The Trust which the sister created gave her “unusual language”, as #trustee, and lots of #trustee discretion—- to withhold #trust money from her brothers and sister !!!! Her brothers and sister were in their 60s and all adults! …..Their father passed away in April 2010. ………….Enter the #probate litigators.
#PERSONAL REPRESENTATIVE OF #ESTATE SUES SISTER #TRUSTEE
One of the brothers was appointed #personal representative, or #executor, of their deceased father’s Michigan estate. He sued the sister who is the #emergency Guardian and #Florida trustee:
- seeking a declaration that the #trust was invalid
- suing the sister as #Florida trustee for #breach of fiduciary duty
- seeking me #removal of his sister as #Florida trustee
While the #Miami probate court dismissed the brother’s #trust lawsuit, the #Florida appeals court for Miami reversed. A big victory for #beneficiary rights and #inheritance rights in Florida.
FOR REFERRAL SOURCES, LAWYERS AND LITIGATORS
We help you with Florida estate and trust administration and trials, and #probate appeals.
Our #Florida probate law firm
- does not draft estate plans
- does not draft wills and trusts
- does not steal your clients or your probates
Our #West Palm Beach, Florida #probate litigation firm :
- hands your clients back to you at the conclusion of the #Florida litigation
- after all, they are YOUR clients
- we try cases
- we handle appeals
- restricts its practice to #Florida probate disputes
- we work with you on #Florida estate administration, #Florida probate
- we litigate for and protect beneficiary rights
- we represent #Florida personal representatives or executors, and #Florida trustees
- we receive 95% of our clients from other lawyers
- we take contingency fee cases.
Who are we? Our firm is comprised of
- serious Florida litigators,
- focused probate lawyers,
- experienced paralegals and support staff.
We have been involved in high profile, nine figure, multi-million-dollar #Florida estates, including Madoff matters, old # Palm Beach money and complex trusts and multi-party #Florida probates. We also handle “small” or “simple” matters. All we do is litigate and help you with #Florida estate and trust administration. #Tortious interference with an inheritance and allegations of #undue influence, and #will challenges and trust challenges are a unique subspecialty of the law. Does your client know which ones to file, when to do that, and why? Do you know the different ways to prove each case? How about quantifying or assessing damages? It would be our pleasure to work with you and to serve your clients. For a complete copy of this very recent legal opinion please email michelle@pankauskilawfirm.com.
John Pankauski, www.johnpankauski.com, is the author of The Trustee’s Book – An Individual’s Guide To Money, Misfits, Marriages, and Mismanagement, and the upcoming The $41 Trillion Inheritance War. He is an estate and trust litigator in West Palm Beach, Florida. www.pankauskilawfirm.com and has been featured on the CBS Evening News, The Wall Street Journal, MarketWatch, NBC, ABC and Fox.