Rubin on Probate Litigation

Lyons v. Lyons  155 So.3d 1179 (2014), 2014 WL 5460621 To understand this decision, I think it makes sense to first lie out the series of quit claim deeds that lead to the litigation: (1)  Husband and wife quit claim their homestead to wife alone. (2) Wife quitclaims the residence to a QPRT,  but husband does not sign quit claim deed. (3) Wife quit claims the residence to herself and her daughter. The trustees of the QPRT moved to set aside conveyance (3) on the grounds that the wife did not own the residence when she attempted to quit claim the residence to herself and her daughter.  The wife responded by arguing that conveyance (1) was void, since it was signed only by her and not her husband.  The trial court agreed with the wife. The Appellate Court reversed the trial court's decision, focusing on the fact that article X, section 4(c) of the Florida Constitution focuses on the conduct of the owner spouse (wife) and provides...

Kritchman v. Wolk , 152 So.3d 628 (Fla. 3d DCA 2014) The decedent created a revocable trust, of which she was co-Trustee during her life with Wells Fargo.  During her life, she had the power to direct the payment of principal from her trust.  She used the trust to pay her cousin's grandson Hunter's private school tuition, and paid for his tuition plus room and board at Yale during his freshman and sophomore years.  In April of Hunter's sophomore year at Yale, the decedent wrote a letter to Wells Fargo directing them to arrange to pay for the costs of his junior and senior year at Yale as well. Consistent with her letter, Wells paid Hunter's tuition for the fall semester of his junior year, but failed to make arrangements for the payment of his costs beyond that semester.  Wells did not pay for Hunter's tuition, room or board for his last three semesters at Yale. The decedent passed away during Hunter's fall semester of his junior year.  Wells assure...