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