In regards to trust litigation, when can I get sued in Florida? Can I get sued in Florida simply because a Florida trust pays me a monthly check? What is a long-arm statute? Just because something is a law, does that mean it is constitutional? When can jurisdictional issues arise in Palm Beach probate litigation? If you are a probate litigator, you may want to read a recent case from the Southern District of Florida, Abromats v. Abromats, which discusses jurisdiction and the constitutionality of Florida Statute 736.0202.
Multi-jurisdictional Florida Probate Cases
- When you have multiple residences in different states, estate planning inFlorida can sometimes become a little bit confusing.
- Jurisdictional issues in estate planning can arise when: 1) You have worked with multiple attorneys 2) You have set up trusts in different states or countries 3)You have assets or property in different states or countries 4)You have pending law suits in multiple jurisdictions 5)You have family in other states or countries.
- Florida Statute 736.0202, a detailed long-arm statute, can answer most of your questions about jurisdiction as they relate to Florida trust litigation.
- Florida Statute 736.0202 statute says the following:
“Any trustee, trust beneficiary, or other person, whether or not a citizen or resident of this state, who personally or through an agent does any of the following acts related to a trust, submits to the jurisdiction of the courts of this state involving that trust:
1.Accepts trusteeship of a trust having its principal place of administration in this state at the time of acceptance.
2.Moves the principal place of administration of a trust to this state.
3.Serves as trustee of a trust created by a settlor who was a resident of this state at the time of creation of the trust or serves as trustee of a trust having its principal place of administration in this state.
4.Accepts or exercises a delegation of powers or duties from the trustee of a trust having its principal place of administration in this state.
5.Commits a breach of trust in this state, or commits a breach of trust with respect to a trust having its principal place of administration in this state at the time of the breach.
6.Accepts compensation from a trust having its principal place of administration in this state.
7.Performs any act or service for a trust having its principal place of administration in this state.
8.Accepts a distribution from a trust having its principal place of administration in this state with respect to any matter involving the distribute.”
Abromats v. Abromats
- Here, a mother passed away after executing and amending an inter vivos trust.
- The mother had two sons.
- One son sued the other claiming that he had unduly influenced his mother to amend her trust for his own benefit.
- A main issue here was that the son being sued had no connection to Florida other than simply receiving checks from his mother’s trust.
- Is that enough to make him have to show up in Florida court?
- Even though Florida law says it is, is it constitutional?
- Click here to read Abromats v. Abromats and find out.