Has a trustee of your irrevocable trust taken money improperly from the principal? Have they defended themselves by claiming it was for specific items allowed under the terms of the trust? You may have grounds to challenge the use of fraudulent affidavits if they resulted in an unfavorable judgment after you sued for breach of trust or breach of fiduciary duty in West Palm Beach.
West Palm Beach Trustees
- A trust creates a fiduciary relationship between the West Palm Beach trustee and the beneficiaries of the trust.
- Trustees may be allowed to invade the principal of a trust in specific instances, check the terms of the trust document or charter.
- Has a trustee claimed that there specific conditions that allowed them to invade the principal of your irrevocable trust?
- You may have grounds to sue for breach of trust or breach of fiduciary duty.
- The trustee may then file affidavits that state the terms upon which the principal was invaded.
- What if those affidavits were false?
- If the West Palm Beach probate court relied on false affidavits this may be grounds toappeal the judgment.
- You will have to act quickly as you may have less than thirty days to appeal a West Palm Beach probate decision.
- How do you plan on winning on appeal?
- Experienced West Palm Beach probate litigators do not appeal unless they have a plan to win.
- A trustee who files false affidavits could ruin your West Palm Beach estate plan.
- Want to see how to appeal a judgment based on a false affidavit?
- Check out this case out of the Fourth District Court of Appeals.
Worrell v. Worrell
- This was an appeal to the Fourth District Court of Appeals in and for West Palm Beach.
- The former wife had filed notices that a judgment was delinquent and that the husband had not complied with the judgment.
- The court noted however that the husband had no obligation to follow the terms of the judgment because it was obtained through a false affidavit.
- Experienced Palm Beach probate litigators know how to prove an affidavit was false to get the results needed.
Want to see more?
Check out the entire case by clicking here.