Trustees are charged with protecting the settlor’s (known frequently as a trustor or grantor) assets. However, trustees are not immune from mistakes, whether intentional, through negligence or even naivete. Fiduciary misconduct is a driving force behind many types of trust disputes. Disputing a trustee’s actions or inactions, may be necessary…
Category: Trusts
Advice from a Florida and Palm Beach County Trust Attorney Parties to a trust will often speak in terms of “firing a trustee.” In Florida, this is referred to as a “trustee removal action.” In a trustee removal action, an interested party may seek to remove a trustee from the…
Comiter, Singer, Baseman & Braun, LLP, is thrilled to announce associates, Brian M. Spiro, Antonio P. Romano & Christopher C. Weeg, graduated from the Florida Fellows Institute of The American College of Trust and Estate Counsel (ACTEC). The Florida Fellows Institute was created by ACTEC Fellows to develop the profession’s future leaders…
In Florida, the hearsay rule does not bar the contents of, and most testimony about, a decedent’s will or trust. The Florida “hearsay rule does not bar the testimony of the plaintiffs regarding (1) the fact that the decedent had executed a will and (2) the contents of the will.”…
The Florida Community Property Trust Act, signed into law on July 1, 2021, provides that assets transferred by a married couple to a community property trust will be treated as community property while owned by the trust. You may be reading this blog post because you have heard of community…