November 5, 2014 Palm Beach Trust Case: Son Trust Beneficiary Sues Trustee Mother over trust accountings for family trusts

If you are involved in a Palm Beach trust, either as a trust beneficiary or a  trustee of a family trust, you may want to read this VERY RECENT case on Florida trust accountings.  This legal opinion came from the Palm Beach appeals court: the 4th District Court of Appeal which sits in West Palm Beach, Florida.  Anyone involved in litigation trusts Palm Beach can read this opinion online for free.

Son Sues Mom Trustee & Brother Trustee

• Roy is “contesting beneficiary” of a Florida trust
• Actually, multiple family trusts
• He filed a trust lawsuit in Palm Beach County, Florida
• The trust lawsuit went to the probate court West Palm Beach
• The trust beneficiary sued his mother and brother who are co-trustees of the family trusts

Florida Trusts & Trust Accountings

• Is the trust beneficiary of a Florida trust entitled to trust accountings?
• If the trust beneficiary is entitled to trust accountings, from what date does the trustee have to account?
• How far back does the Florida trustee have to go to give an accounting?

Summary Judgment in Florida Trust Cases

• This case also involved a summary judgment order
• Trust lawyers from Boca Raton, Florida to Palm Beach Gardens, Florida know that amotion for summary judgment may be appropriate when there are no disputed facts:  a trust lawyer who files a motion for summary judgment has to “jump” through many legal hoops.
• This Palm Beach trust case points out when a court may improperly grant summary judgment and when reversal of that order is proper.
• Are you watching your trust appellate rights under Florida trust law?
• Have you read the Florida Trust Code ?
• For summary judgment to be issued, the moving party must also deal with, or address any affirmative defenses of the other side
• In other words, there is a long standing maxim of Florida law that summary judgment can only be granted if there are no disputed issues of material fact, which also include anyaffirmative defenses: you have to deal with those on summary judgment
• Probate litigators Palm Beach know that a trust motion for summary judgment might save everyone a lot of time and money although whether it makes sense to move for summary judgment depends on the facts of each trust lawsuit Florida

Here it the free link to the legal opinion on this November 5, 2014 trust lawsuit Palm Beach: http://4dca.org/opinions/Nov.%202014/11-05-14/4D12-3067.op.pdf