Rubin on Probate Litigation

Gossett v. Gossett , 182 So.3d 694 (Fla. 4th DCA 2015) In this decision on the equitable doctrine of "renunciation," the Court held that a trust beneficiary who challenged a trust document did not have to repay distributions made to him from the trust in order to challenge the trust document.   Prior to the initiation of the litigation, the decedent's wife and trustee of his trust sent the decedent's son distributions under the last version of the trust, and intended that he accept the distributions to prohibit him from challenging the validity of the last version of the trust.  In his lawsuit to set aside the last versions of the trust, he renounced any interest he may have had in those trusts, but alleged that Florida law did not require him to return the money he had already received because he was entitled to an equal or greater amount under the prior versions of the trust. The trial court held that the son was required to return all prior distributio...

Fintak v. Fintak , 120 So.3d 177, 2013 WL 4483101 (Fla. 2d DCA 2013) This case involved a challenge to a decedent's self-settled irrevocable trust.  The trust was established during the decedent's life, was funded with the decedent's money and during his life, the decedent was the sole beneficiary.  On his death, the trust was to be divided into separate shares for the decedent's children, and made no provisions for the decedent's life.  The decedent and two of his sons were named as the initial trustees of the trust. Before he passed away,  the decedent sought to challenge the trust but unfortunately he died before the litigation was concluded, and his wife was substituted as the plaintiff as his personal representative.  The trial court granted summary judgment in favor of the trustees, because the decedent failed to renounce the benefits he received under the trust and because his wife took inconsistent positions in the probate proceeding and the tru...