Rubin on Probate Litigation

Maldonado v. Buchsbaum , --- So.3d --- (Fla. 4th DCA 2018) In certain situations, it is possible to get a temporary injunction without notice, but a court should not do so without strictly complying with the rules governing injunctions. In this case, the surviving spouse sought a temporary injunction against the decedent's aide who had allegedly fostered a relationship with the decedent and alienated him from his spouse during life. Following his death, the wife sought to enjoin the aide from taking possession of estate assets, destroying financial documents or representing to others that she was the sole beneficiary of the estate or representative of the decedent.  The trial court issued the temporary injunction without notice to the aide based on spouse's argument that notice of the proceedings prior to the issuance of the injunction would afford the aide the opportunity to transfer assets out of the country. The Court found that the injunction was appropriate but th...

Dowdy v. Dowdy , 182 So.3d 807 (Fla.2d DCA 2016) This decision centered around whether the construction of a trust could support the issuance of a temporary injunction directing the trustee to deposit proceeds of a property sale into the court registry pending the court's decision on the construction petition.   A husband and wife established a family trust which owned real estate.  Each had children from previous marriages.  Following the husband's death, the wife amended the trust to remove her husband's children as successor trustees and beneficiaries.  She then sold the trust property.  One of the husband's sons learned of the sale and filed a petition for construction of the original trust and a temporary injunction to compel preservation of the sale proceeds.   To obtain a temporary injunction, the moving party must demonstrate (1) that he will suffer irreparable harm without an injunction, (2) that he has no adequate remedy at ...

Yesterday I spoke at the Florida Bar's Real Property and Probate and Trust Law's (RPPTL) Trust and Estate Litigation Committee meeting on Offensive Measures in Trust and Estate Litigation.  For those of you who are interested, my materials are available here for download: Offensive Measures in Trust and Estate Litigation

Grasso v. Grasso , 113 So.3d 855 (Fla. 2d DCA 2012) A clever client/beneficiary will often quickly realize during trust litigation how little power he or she has to stop the trustee from doing certain actions while litigation is pending.  Often, the beneficiary will want to enjoin the trustee from performing those actions, such as disposing of trust assets, during the litigation, because they know that if they challenge the trustee's actions after  the fact, they will face an uphill, costly legal battle.  In this case, the trial court granted a settlor/beneficiary's request for a temporary injunction, and enjoined the trustees of the trust from disposing of trust assets.  The injunction was granted at the same time the trial court granted a motion to dismiss against the settlor/beneficiary for lack of personal and subject matter jurisdiction, with leave to amend.   The Appellate Court held that a grant of a motion to dismiss with leave to amend is not ...