Are you a beneficiary who receives an inheritance under a Florida trust? Are you suing to get relief by overturning or voiding a trust, trust amendment, or statement of trust? If so, you should continue reading to learn about a procedural rule that we have in Florida known as the Renunciation Rule.
Using the Renunciation Rule in Florida Probate Litigation
- From a defense practice standpoint, probate litigators West Palm Beach, who are asked to uphold trusts, need to be mindful of the renunciation rule from both a procedural and tactical standpoint
- If I’m going to object to a will or a trust, do I have to first renounce the benefits of the will or trust?
- In general, yes you do.
Gossett v. Gossett
- Here, the Second DCA decided that it was unnecessary to renouce that which you are going to inherit anyways.
- A man had died in the midst of divorce proceedings and left a curious pour over will that left his wife (soon to be ex-wife) in charge of all the family’s money.
- Considering the man died the same day as a mediation meeting for his divorce, things seemed all but imminent.
- Interesting these were the fourth and fifth amended trusts.
- The son hired a Florida estate lawyer and sued to revoke those trusts under the auspices that they were executed when his father had a weak mind and undue influence and duress had been exerted.
- The ex-wife had a good plan though.
- Probate attorneys Florida know that it is hard to sue and destroy a trust when you are taking from it.
- The wife had made distributions to the son at times when he needed the money, in the hopes that it would stop him from ever challenging the trusts.
- Florida estate attorneys know it is not always that simple, because the son sued anyways.
- That is where this appeal comes in.
- The wife was saying the suits had to be dropped if he would not return the money.
- This was based on the ancient doctrine of renunciation.
- Do you agree?
- What about the fact that the son would have taken money based on the prior trusts anyways?
Want to learn more?
Check out the entire case by clicking here.
Want to know more about Florida probate litigation? Consider these free resources:
- Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
- Read the Florida Probate Code:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
- Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos:http://www.pankauskilawfirm.
com/Firm-Overview/FAQS.shtml