Trust Beneficiary Sues Trustee and Beneficiaries to Change Trust–recent Summer, 2014 case
See, Florida trust attorneys are not the only ones who are asked by trust beneficiaries to try to change the family trust. A recent, June 17, 2014 opinion on an undue influence case from Connecticut shows that other regions of the US , and other families and heirs, are involved in Probate Litigation and inheritance fights. As you might read, if you don’t have good facts or good trust law, the road to a trust inheritance can be a steep climb.
Why Read This? If you are a Boynton Beach trust beneficiary or a Florida trustee located in Palm Beach Gardens, you may want to read this opinion and get some trust litigation perspective.
Modify the Trust Based on Undue Influence
- In this recent case, a trust lawsuit was filed to modify the trust based upon undue influence
- Hmmm… interesting………………………….why?
- Because in Florida the Florida Trust Code has a specific law on how to modify the trust
- To modify a Florida trust you are dealing with a very specific or special set of circumstances— and, all Palm Beach trust lawyers would tell you, a very specific Florida Trust Law
- Here’s what may be frustrating for a Delray Beach trust beneficiary, or, for that matter, a Boca Raton Trustee, to get your arms around:
- Modifying a trust in Florida is different than reforming a Florida trust. I know what you are thinking: “Isn’t that the same? ” Answer: No. (Leave it to the laywers to do this, right?)
Modifying a Trust and Undue Influence: Trust Lawsuits
- So, what did this recent trust litigation case really do?
- An irrevocable trust was signed by Ruth on October 8, 2004, for the benefit of her sons,
- A trustee was named
- The trust called for the end of the trust upon Ruth’s death
- Trust assets would then be distributed to her five sons in substantially equal shares
- So far, so good, right?
Trust Inheritance Reduced By $$ Owed
- The trust specified, by reference to Ruth ‘s will, that the inheritance for one beneficiary be reduced by the debt he owed to Ruth
- On April 1, 2010, Ruth died
- One trust beneficiary, based on the trust assets and the money he owed to Ruth, meant that the trust would not make a trust distribution to him. NO trust inheritance
- Enter the trust litigation law firms !
Something to think about: Florida residents use Florida Revocable Trusts to leave their estates or inheritances to loved ones and families. Are trusts with inheritance formulas the way to go?
Question: Want to read more about this undue influence case and trust case?
Question: Why not read exactly what court said?
Here is the link to the free online opinion of the Connecticut July 17, 2014 Appellate Court Opinion on this undue influence case: http://jud.state.ct.us/external/supapp/Cases/AROap/AP151/151AP386.pdf