Are you currently serving as the trustee of a large family trust located outside of Florida? It may surprise you that a Florida beneficiary is suing you in Florida, now what can you do? You may be able to dismiss that case with the help of a Florida probate lawyer and the laws on personal jurisdiction.Do you know how? Check out this recent case out of the Fourth District Court of Appeals to learn more.
Personal Jurisdiction in Florida
- What is personal jurisdiction?
- Estate attorneys in Florida know that personal jurisdiction can get hairy for a trust dispute.
- The idea is what does the Florida probate court need to have jurisdiction over the person.
- Is merely sending a monthly distribution check enough?
- Ask a Florida estate attorney their opinion.
- What about this? Let’s say that you send emails from Massachusetts to a trustee in Florida, or some beneficiary in Florida. Let’s say that it was someone’s revocable trustthat is now irrevocable, created in Florida, and you live in Massachusetts but get sued by a Florida trust beneficiary. Can you, the Massachusetts trustee, be compelled to defend the trust lawsuit in Florida? Hmmm…………….
- Trustees may be upset to get dragged into Court in Florida while they operate in New York or Massachusetts or somewhere outside the Sunshine State.
- Furthermore, it can get extremely expensive to litigate across state lines.
- Who pays for these litigation expenses of the trustee?
- That is right, the trust funds. MOST of the time !
- In fact the trust funds also have to pay for the probate attorney Florida to defend the case. But, a trust beneficiary can, under the Trust Code, prevent a trustee from using trust funds to pay for defense costs.
- Experienced Florida probate lawyers know that the probate court will dismiss a case if it finds there is no personal jurisdiction.
- How does a Florida probate court determine whether or not there is personal jurisdiction?
- Check out this recent case out of the Fourth District Court of Appeals to learn more about personal jurisdiction.
Cornerstone Investment v. Painted Post Group
- The appellant in this case was based in Virginia and claimed they were not subject to the personal jurisdiction of the Florida Courts.
- They said there were not sufficient minimum contacts to allow for them to be brought into Court.
- Florida probate lawyers know that minimum contacts is a Constitutional standard to apply when finding out if a person can be sued in Florida.
- But, did you know that there is a Florida law which directly affects personal jurisdiction?
- Does your probate litigator Florida know what to do if there is a motion to dismiss for lack of personal jurisdiction filed in your case?
- Is your trust lawyer familiar with a relatively new Florida trust law which can make it easier to sue someone regarding a trust here in Florida rather than going to another state? Check out Florida Trust Code 736.0202: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0736/Sections/0736.0202.html
- In a recent personal jurisdiction case in Florida, at trial, the trial court disagreed and said they had to come to Court.
- On appeal it was ruled another way, and the Court dismissed the action for lack of personal jurisdiction.
- Was that the right call?
- Check out the entire case to learn more.
Want to learn about personal jurisdiction in Florida?
Check out the entire case by clicking here.
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