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When the Kids of a Deceased Father Sue Their Stepmom

When adult children sue their step mom for breach of fiduciary duty

You know every week I get phone calls from trust beneficiaries who want to engage us for trust litigation. If you want to read more about trust litigation in Florida before you call a lawyer, before you launch a lawsuit, consider reading a very specific case. The 4th District Court of Appeal from 2014. Why? It has a very common factual scenario that may be applicable to your case. A father creates a revocable trust and names his spouse as the successor trustee. His children from a prior relationship sue their step mom, the successor trustee for breach of fiduciary duty. Sound familiar? It probably does. Lawyers at our law firm get calls every week from family members, surviving spouses second spouses, children, adult children and beneficiaries of trust documents who want to sue their trustee. And from trustees who need a tough litigation law firm to defend them from a lawsuit. If you want to get a better picture of what that looks like and get some more background, consider reading Menassian case vs Rachins. This opinion was issued December 3rd, 2014, it’s out of Broward County but its a 4th District Court of Appeal Opinion. The citation is 152 Southern 3rds 719, 2014 case, it will give you a little bit more of a background of a trust lawsuit involving adult children suing a trustee who is their step mom for breach of fiduciary duty.