Minassian v. Rachins
Minassian v. Rachins , 152 So.3d 719 (Fla. 4th DCA 2014), 2014 WL 6775269 This case turned on the ability of a trust protector to modify a trust instrument to effectuate the settlor's intent. At the settlor's death, the trust at issue provided for a family trust for the benefit of the settlor's wife. Upon the wife's death, the family trust terminated and the trust referred to the establishment of separate shares for the decedent's children. The children filed a complaint against the wife, as trustee of the family trust, for breach of trust. She responded by moving to dismiss their complaint because they lacked standing, since they were not beneficiaries of the family trust. She took the position that upon her death, the family trust terminated, and new trusts were created, and thus the children were not beneficiaries of the family trust during her life. The trial court disagreed, finding that the use of the word "shares" prevented the court...