Sister Sues Her Sister Trustee of Irrevocable Trust in trust real estate injunction case: October 28, 2014 trust challenge case

Palm Beach probate litigators are not the only ones who deal with allegations of forged signatures on trust documents.  A recent, October 28, 2014 Montana Supreme Court case dealt with some wild facts in thistrust lawsuit which demonstrates that trust lawyers Palm Beach are not the only ones with interesting trust lawsuits.  If you are involved in a trust challenge Florida, you may want to read this trust opinion.

Alleged Daughter Challenges Alleged Family Trust ???

• Herbert and Betty Lou had two daughters, Linda & Karlene
• Karlene ends up suing her sister Linda over the family trust
• Their parents created, “allegedly” their irrevocable trust in May of 2012
• The parents deeded, or conveyed, real estate to their family trust
• The parents named daughter Linda –only one of their two daughters– the trustee of the family trust
• Not that different than fact patterns which Trust Lawyers Boca Raton see, right?   I mean, think of the trust litigation Palm Beach and all those trust challenges in probate court in Delray Beach or West Palm Beach.  Don’t they all seem to start out like this one?

Sister Sues Sister Over Family Trust

• Sister Karlene files a trust lawsuit
• Karlene challenges the trust by filing a trust contest, or what Trust attorneys Palm Beach might call a Trust Challenge Florida
• Where one with legal standing attacks the Florida trust or challenges the validity of the trust or an amendment…. do you know the difference between a restatement of a Florida trust versus a Florida trust amendment?
• Sister’s allegation in this trust lawsuit?   the signature on the family trust was a forgery
• And allegations of duress and undue influence regarding this irrevocable family trust

Sister sues of injunction to stop trustee from selling real estate in trust

• Karlene learns that Linda, her sister trustee, for the family trust, planned to sell real estate in the “alleged” trust
• Karlene files a motion requesting a temporary injunction against the sale of the trust real estate
• In Florida, TRO’s, temporary restraining orders Florida, or temporary injunctionsare rarely given by a Probate Court Palm Beach Gardens unless you can demonstrate that irreparable harm will be committed if the injunction is not given.  You also have to demonstrate likelihood of success to the probate court Palm Beach. 
• In this Montana trust case, the court granted the temporary injunction but Linda as trustee filed a motion to dissolve the temporary injunction against the trust and the real estate

In the Matter of the Osorio Irrevocable Trust

• 2014 WL 5462410
• Khor v. St. Peter
• No. DA 14-0043
• Justice Beth Baker wrote the trust opinion