Keeping Current—Probate

Keeping Current—Probate offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers.


ACCOUNTINGS: Non-beneficiaries who stand to gain if trust is validated may object to accounting. The decedent’s children brought an action to invalidate the decedent’s will and revocable trust. In the meantime, the corporate trustee served the children with a trust accounting and monthly account statements for the trust’s investments. The accounting and the statements all included the “limitations notice” required by Fla. Stat. § 736.1008, informing the recipients that they had six months to begin an action disputing any matter adequately disclosed in the accounting and the statements. The children then sued the trustee, alleging mismanagement of the trust. The trial court dismissed the complaint, ruling that the children lack standing because they were not beneficiaries of the trust. The appellate court reversed based on Fla. Stat. § 736.08165, which prohibits a trustee from acting “in contravention of the rights of those persons who may be affected by” pending litigation. The children have standing because they would inherit the trust property if the court invalidated the trust. Cruz v. Community Bank & Trust of Florida, 277 So. 3d 1095 (Fla. Dist. Ct. App. 2019).

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