The Florida Probate and Trust Litigation Committee is responsible for presenting periodic seminars regarding current probate and trust litigation topics, analyzing statutory changes and cases affecting probate and trust litigation, and otherwise providing input on issues involving probate and trust litigation.  If you are interested in becoming a Committee member, please contact any of the Chairs.

We Thank the Sponsor of This Committee:

Coral Gables Trust 

Robert ("Lee") McElroy, IV Chair

Cady L. Huss     Vice Co-Chair

Darren M. Stotts Vice Co-Chair

 

Statutory Discharge of Trustees

Alexander Douglas, Esquire

 

The subcommittee is investigating whether Florida should join a growing trend with five other states that have passed a statute that can best be described as a "statutory release." The concept is to provide a mechanism when a trust terminates, a trustee resigns, or is removed by the terms of the trust, to provide for an acclerated way by which the trustee can give full disclosure and notice to all beneficiaries, and then after a certain period of time, the trustee is released to the same extent as if an order of discharge had been entered by the Court.

 

Successor Trustee Claims

The subcommittee is exploring whether a successor trustee should be barred from bringing an action against a former trustee if the trust beneficiaries are barred,

Later-Dated/Discovered Wills Subcommittee

 The subcommittee is studying whether the Florida Probate Code needs to clarify the deadline for a proponent of a later-discovered will to bring that action due to ambiguities and potential conflicts contained in Florida Statutes Sections 733.212, 733.2123, and 733.208.