This is a Florida trust case with well known people and lots of money. Joe Biden III is the appellant in a Florida trust case which was just decided by the Florida appeals court of the Fifth District Court of Appeals.
Trust Lawsuit Over duPont Family Trust
- This Florida trust case had a written opinion from Florida’s 5th District Court of Appeals on July 16, 2014
- Joseph R. Biden, III is the attorney general of the State of Delaware
- He tried to intervene in a trust lawsuit years after the trust matter was dealt with
- It involved a charitable foundation created by a Florida charitable trust and the definition of “crippled children”
- This trust suit also dealt with distributions to trust beneficiaries and under what circumstances or whether the trustees should or could give “first consideration” to beneficiaries who are residents of Delaware
Can Delaware Attorney General Intervene in Florida Trust?
- A trust created under the will of a duPont went into effect when Mr. duPont died in Florida in 1935
- The Florida will created a testamentary trust (Note: today, most Florida probate lawyers who write estate plans would not create a “testamentary trust” but rather a “pourover will” and also a Florida revocable trust)
- A charitable organization was created under the Florida will
- The trustees brought an action regarding the trust and 8 years later, the Delaware attorney general sought to intervene.
- The consider whether an attorney general can “intervene” in a Florida trust , read the opinion . The Westlaw cite is: 2014WL 3465360. Or go to the Florida appeal court’s website and look under “Opinions”: www.3dca.org