Megiel-Rollo v. Megiel
Megiel-Rollo v. Megiel , 162 So.3d 1088 (Fla. 2d DCA 2015) This case involved a dispute about whether a trust was subject to reformation under F.S. 736.0415. The decedent died leaving behind three children. Her will left the residue of her estate in equal shares to all three of her children. Several years after executing the will, the decedent executed a revocable trust, and she transferred her home into that trust. The trust provided that it was to terminate upon the death of the decedent, and the property should be distributed to the beneficiaries in accordance with their respective interests as set forth on an attached Schedule of Beneficiaries. The only problem: the draftsman of the trust forgot to prepare the Schedule of Beneficiaries. One of the daughters filed a complaint against her siblings, arguing that the trust was void for lack of beneficiaries, and, therefore, the residence passed to the three siblings pursuant to the terms of the wil...