What is a Constructive Trust in West Palm Beach?

Have you recently succeeded in a claim of fraud or conversion  in West Palm Beach civil court? Has the court ordered that the property is subject to a constructive trust? Do you know what that means? Experienced West Palm Beach probate litigators know a constructive trust is not actually a trust. Do you know what it is?

Constructive Trusts Generally

• Rather than an actual trust, a constructive trust is a flexible equitable remedy to prevent unjust enrichment by a party in West Palm Beach.
• They can result from a variety of improper conduct including but not limited to fraud, undue influence, duress, or breach of fiduciary duty.
• The constructive trust’s trustee is thus actually the person who perpetrated the unjust actions!
• Rest assured though that the trustee’s only duty is to convey the property to you the rightful owner.
• In West Palm Beach in order to get a constructive trust a party must prove entitlement to the property by clear and convincing evidence.
• What are some examples where the Court may imply a constructive trust.

When a Court Will Create a Constructive Trust

• Courts may imply a constructive trust when there has been a theft or conversion.
• Fraud and duress that created a transfer of property may also create a situation where a constructive trust is proper.
• Another common example is when a party inherits property after causing a homicide.

Times When a Construct Trust is Improper

• There is a general rule in West Palm Beach that generally mere breach of a promise will not create a constructive trust.
• But like any rule in Court there are exceptions.
• For example a fraudulent promise that I never intended to keep in the above example would likely create a constructive trust.
• Also breach of a promise when there is a confidential relationship will result in a constructive trust.
• Another common example is when a decedent promises to pay someone in their will for services rendered prior to death.
• Remember if you want a constructive trust imposed by the West Palm Beach probate court you will have to prove clear and convincing evidence.