Florida probate lawyers know what a resulting trust is, but do you? Florida estate attorneys may be able to use this old doctrine of law to protect you after an unfortunate series of events. Want to learn more? Check out this recent will contest and resulting trust case from Tennessee. Ask yourself, what does this have to do with my Florida will contest and probate litigation.
Resulting Trusts
- What is a resulting trust?
- Florida probate lawyers know this can be a hard concept to convey.
- The legal dictionaries define a resulting trust as the creation of an implied trust by operation of law, where property is transferred to someone who pays nothing for it; and then is implied to have held the property for benefit of another person.
- In other words sometimes it is very clear that property belongs in one person’s possession despite it being owned legally speaking by another party.
- Florida probate courts may use this doctrine in a variety of cases.
- Do you know when?
- Florida probate litigation often involves some degree of wrong doing and this can be a very tricky concept to convey during your probate lawsuit.
- Do you know how to plead for the Court to institute a constructive trust in Florida?
- Check out this recent case to learn more.
- What does this case in Tennessee have to do with estate litigation in Florida?
In re Estate of Kysor
- This was a will contest that sought a constructive trust in Tennessee.
- Florida probate lawyers know that the law can be different in different states but that most have some form of a will contest and doctrine of resulting trust law on the books.
- Where can you find those laws?
- Here, the petitioner wanted to get property back that had been deeded to a relative.
- Why did the petitioner think they could undo that deed?
- Make sure to read the entire case to learn more about when you may be entitled to aresulting trust after your Florida will contest.
Want to learn more?
Check out the entire case.
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
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