Prewitt v. Kimmons

Prewitt v. Kimmons, 237 So.3d 1158 (Fla. 5th DCA 2018)

This decision rested on whether sufficient questions of fact were raised to preclude summary judgment regarding claims of breaches of fiduciary duty.  The beneficiary of an irrevocable trust sued her sister, one of the successor trustees, for breach of fiduciary duty, alleging that she had failed to distribute funds as provided for by the trust documents, failed to seek the return of $10,000 of trust assets wrongly retained by another of the successor trustees, and failed to return monies that she had purportedly misappropriated from the trust account prior to the settlor's death.  The Court held that questions of fact remained over the breach of fiduciary duty claim, where: (1) there was record evidence that the trustee had paid lease payments on a car that was ultimately conveyed to a beneficiary in contravention of the terms of the trust, (2) there was record evidence that the other successor trustee had received $10,000 from the settlor for "safekeeping" purposes and those monies had never been returned to the trust nor had the successor trustee pursued the recovery of those funds, and (3) there was record evidence that in a time period when the settlor was in deteriorating heath and receiving morphine, the successor trustee improperly distributed money to herself and her daughter.


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