How Do Probate Courts in Florida Determine What is and What is Not Probate Estate Property?

Florida probate litigators know that the terms of a trust need to be clear.  What happens when someone does not know if property belongs in a probate estate or in the revocable trust? Florida probate litigation often deals with unclear terms of poorly drafted Florida trusts. Want to see how? Check out this recent case out of the Court of Appeal for California.

Ambiguous Trust Charters Cause Estate Litigation in Florida

• Florida probate lawyers help clients draft trusts and estate documents.
• This includes the trust charter.
• Trust charters help the Florida probate court determine what is and what is not trust property.
• Why does that matter?
• For one thing, trust property is not part of the probate estate.
• This means it is not subject to probate administration.
• Has your Florida will contest lawyer explained the significance of non-probate property?
• This stuff cannot be touched by the Florida personal representative!
• So what happens when the trustee says something is trust property and the personal representative disagrees?
• This where the Florida probate litigation comes up.
• Want to see how?
• Check out this recent probate appeal.

Reese v. Reese

• This was an appeal from the Appeals Court in California.
• A decedent passed away leaving three sons and some assets.
• One of the sons was the trustee of a revocable trust and one of the others was elected to serve as personal representative of the estate.
• The personal representative claimed that certain real property was part of the probate estate and the trustee for the family trust said it was trust property.
• How would a Florida probate court determine who was right?
• How would you?
• The interesting thing here was not that the Court decided what type of property it wasthe interesting part is what the probate court did after that.
• They also went on to determine how the property should pass!
• That was not something that the litigants ask the court to determine.
• As a result, the decision was reversed on appeal.
• Does that make sense to you?

Want to learn more about classifying probate property?

Check out the entire case by clicking here.

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