Florida Trust Merger Doctrine
Is where the legal title of one is a trustee and that interest can be merged with also being a beneficiary. Trust lawyers refer to this as equitable interest in a trust.
The Florida trust merger doctrine, does it apply today? Hello, my name is John Pankauski, I’m a trust litigation attorney in West Palm Beach. I don’t write wills and trusts but I do litigate them however. Are you familiar with the merger doctrine where the legal title of a trustee, the fiduciary position of a trustee that interest, that position can be merged with also being a beneficiary. It’s what trust lawyers call equitable interest in a trust. When the equitable interest or the beneficial interest are the same and they coincide with a trustee, there is a merger doctrine, merger concept and in some circumstances you may have no trust which for beneficiaries means you might be able to bust up the trust, you may be able to divide up the trust and get your inheritance now. For more about this Florida trust merger doctrine, consider reading the Hansen case, 10 southern 3rd 213. It’s an April 22nd 2009 case from Florida’s 2nd District Court of Appeal or speak to a experienced trust trial lawyer.