Florida trust lawyers know that often family trusts have multiple beneficiaries. They also sometimes have multiple trustees. This leaves an interesting question for Florida probate litigation. Who gets to decide whether or not the trust files a probate lawsuit? Check out this recent case out of the Court of Appeals in Wisconsin.
‘Mo Trustees Mo Problems’
- In the 90’s a group of rap stars came out with a hit song, ‘Mo Money Mo Problems’ but what does that have to do Florida probate?
- Estate lawyers in Florida know that the more trustees you have the more problems you may face.
- The more cooks in the kitchen, as they say.
- Estate lawyers in Florida know that to determine who can sue and when under a trust, you look to the trust documents.
- For the most part it is usually pretty clear.
- The trust may say that unanimous consent is needed to sue, others may say a simple majority can suffice.
- Probate litigation attorneys do not run into problems interpreting simple trust documents, the issue usually comes up in dealing with trustees.
- If a trustee does not want to go along with a lawsuit, they may give the Florida probate lawyer problems.
- This can be true even when there is no grounds to do so.
- Check out this recent case out of the Court of Appeals in Wisconsin to learn more.
In re Will of von Schleinitz ex. rel. Schleinitz
- Not only is the case name a mouthful this entire case was a mouthful!
- The issues arose when the Court treated certain sewage on the property as personal property of the beneficiaries.
- This was despite the fact that the house was held in trust.
- Probate attorneys Florida know these are the types of issues a well drafted trust charter is aimed at preventing.
- Florida estate attorneys cannot look at every contingency when making a trust charter but some issues are common and need to be addressed as such.
- The other trustees sued one particular trustee when she brought the matter before the probate court in Wisconsin.
- This was because they did not feel she had the authority to sue without their consent.
- What do you think?
Before you make up your mind, read the whole case.
Click here to get a free copy.
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