Trust Litigation

January 13, 2017

Florida Statute Of Limitations on a Will

What is the Florida Statute Of Limitations on a Will?
A common question Jacksonville estate planning lawyers are often asked is how long does a person have to Florida will contest a will or what is the statute of limitations to contest a will in Florida. As with most legal answers it depends on the rest of the facts. The statute of limitations to dispute or contest a will depends on what documents you have received and what type of notice were given.

The relevant statutes dealing with the Florida statute of limitations on a will can be found under Florida Statute Section 733.212. If a person receives a copy of the Petition for Administration via Formal Notice before the Letter of Administration being issued, then he or she will have 20 days to file any objections to the will. However, it is more likely that a person will be served a copy of the Notice of Administration after Letters of Administration are issued.
Continue reading

December 27, 2016

Zsa Zsa Gabor Estate

by David M. Goldman

Zsa Zsa Gabor is one of the latest celebrity deaths to sadden America. The actress passed away at 99 years old and was known for being one of Hollywood’s first stars due to her colorful personality. She was also known for her many marriages and divorces.

Gabor married nine times, which resulted in seven divorces and an annulment. These complicated series of marriages and breakups has made her estate extremely interesting to estate planning attorneys.

Zsa Zsa’s ninth husband, Frédéric Prinz von Anhalt, will have to move out of Gabor’s luxurious Bel Air home where the actress lived for nearly 40 years. What is interesting to note is that for the past three years the couple lived in the large bungalow even though they no longer owned the house.

November 10, 2016

Can You Be Punished For Bringing A Lawsuit in Bad Faith Against An Estate?

by David M. Goldman

A will or trust is one of the essential documents that every person should create. These documents dictate how a person’s assets should pass after death to a personal representative or a trustee. However, will and trusts are sometimes contested by family members when the documents are legally invalid, or someone suspects foul play was involved in the procurement of the document.

What many do not know is that a person that brings a will or trust contest in bad faith can be punished by a Florida probate court. The procedures for bad faith can be found in Florida Statute section 57.105 if a defendant or the court suspects the case was brought in bad faith.

November 2, 2016

Should Florida Enact a Disinheritance Statute to Prevent Elder Law Abuse?

by David M. Goldman

Elder law is one of the most important legal fields in Florida because it helps address the unique needs of this state’s large elderly population. One of the growing concerns in the legal community is the rise of elder abuse. The abuse is frequently under-reported, and worse, the abusers are the persons that often benefit from the abuse.

The elder law attorneys at The Law Office of David M. Goldman PLLC frequently come across older clients that have suffered some form of physical or emotional abuse that allows the abuser to exploit the client. Tragically, the abuser is often a person close to the client such as a family member or a close friend. Studies show that elder abuse is a growing problem in Florida and areas like Jacksonville and Ponte Vedra.

Why Are The Current Laws Not Enough?
Continue reading

November 1, 2016

Manifestations of Intent by Settlor

by David M. Goldman

For a trust to be legally valid, it must have six elements. One of these required elements is that the settlor of the trust, or the person that creates the trust, must intend to create the trust. For a court to recognize this element, there must be a manifestation of intent by the settlor.

The manifestation of intent is important because it must be present for a court to hold a trust is valid. A ruling on validity would come into play if a beneficiary or another interested party challenged the validity of a trust. For a court to uphold a trust as valid, it would need to ensure that all of the elements are present.

The Elements of a Valid Trust in Florida

As stated above, there are six main elements of a valid trust created in Florida. These elements are:

October 28, 2016

Florida Case Holds Estate Planning Attorney Must Testify in an Undue Influence Trial

by David M. Goldman

Florida’s 3rd District Court of Appeal held on October 26, 201 that an estate planning attorney must break the attorney-client privilege for deceased client must by testifying in a will contest trial for undue influence. The trial court ordered the attorney to testify, and the attorney refused. The attorney appealed the trial court’s order to the court of appeal to review the issue as a matter of law. The 3rd District Court of Appeal denied the attorney’s petition and the trial court’s order now must be enforced.

The events of what led to the holding are interesting. The original proceedings by the plaintiffs sought to revoke the probate of two wills, one that was executed in 2012 and another that was executed in 2013. Four of the testator’s children challenged their mother’s mental capacity to make these wills, and assert the wills were the product of undue influence by the fifth child. The fifth child was the only child listed as a beneficiary in the 2013 will, while the other children were disinherited.

October 27, 2016

Are Remainder Beneficiaries entitled to an Accounting in Florida?

by David M. Goldman

Today I received a copy of a recent Florida’s 4th District Court of Appeal dealing with a remainder beneficiary and a the ability to demand an accounting from a revocable trust before the death of a grantor. John J. Pankauski Sent me a well-written summary of the Case from October 26, 2016 which I have adapted for the purpose of this blog. The Case ruling stated that a remainder beneficiary of a Florida trust has no right to a trust accounting, when requested post-death, for the time period of the grantor’s life, absent breach of trust allegations. This was a revocable trust which became irrevocable upon the death of the grantor/settlor.

In Hilgendorf v. Estate of Coleman, the grantor or the person who created the trust was alive, competent, and was acting as her own trustee of her revocable trust. During grantor’s life, she was did not remain the trustee and a successor trustee took over the management of the trust. It appears that the grantor still continued to direct the actions of the successor trustee and to “run” things. The grantor never requested an accounting from the successor trustee during her lifetime. After the grantor passed away, the PR or executor of the decedents estate, who was also a beneficiary, requested an accounting for the time period when the grantor was alive and the when the trust was revocable.

September 23, 2016

Promise To Establish A Trust In The Future

by David M. Goldman

The general rule in estate planning is that if something is not in writing it usually will not be legally valid. For instance, Florida law requires a Will or trust must be in writing to be effective. However, one question we often receive is if a promise to create a will or trust is enforceable by a court?

The answer is a promise can be enforceable. However, certain conditions would have to occur. To further explain, the promise would have to meet the formal requirements of a contract. A contract, whether written or oral, must have three elements to be enforceable.
Continue reading

September 9, 2016

Jurisdiction of Florida Trust Case

by David M. Goldman

Florida Trust Code & the Florida Long Arm Statute

There are many estate planning benefits for creating a revocable or irrevocable trust in Florida. Trusts can help our Jacksonville clients avoid probate, efficiently manage assets, save money on estate taxes, and protect assets. A person can create a trust in any state, but Florida is unique because of the Statutes that make up the Florida Trust Code.

One of these is the Florida Trust Code’s long arm statute. This law can be found under Florida Statute 762.0202, is a law that was specifically tailored to protect Florida trusts in litigation. This law states that a Florida probate court will decide just about any lawsuit or litigation involving a trust created in Florida.

October 16, 2015

The law of charitable pledges

by David M. Goldman

One issue that occurs in estate planning is whether or not a charitable pledge can be enforced on a person’s estate after death. Wealthy individuals often make pledges to their favorite charitable organizations during their lifetime, only to die before fulfilling the pledge. Executors are then placed in the difficult situation of balancing its duty to ensure the estates assets for the decedents heirs and to pay the money owed by the estate to the charitable organization. If a court rules the pledge is enforceable, the pledge must be paid out of the estate before the rest of the estate’s assets are distributed to the beneficiaries.

Courts will often find a charitable pledge enforceable when these situations occur:

The pledge is an offer to contract that becomes binding when work obligated by the pledge has begun, or the charity relying on the pledge has otherwise incurred liability.

Donor’s pledge has induced other pledges

The charity’s acceptance of the pledge imparts a promise to apply the funds according to the donor’s wishes, and his pledge is supported by that promise.
Continue reading