Settlement preserves inheritance in complex Family Trust matter
W&L was retained to represent Midgi Johnson as beneficiary of a Revocable Trust (Trust) created by her late father. As we find in many cases, her father had remarried and her stepmother was the Trustee. The Trust actually created two separate trusts – one trust for the benefit of the father’s biological children (Family Trust) and the second for the benefit of his new wife (Marital Trust). The Trustee refused to fund the Family Trust and Midgi feared she would loose any inheritance her father intended for her.
After a careful review of the Trust and Florida law, we were able to convince the court and opposing counsel that the Trustee was required by law to fund the Family Trust. A settlement was reached, the trust was fully funded and Midgi’s family inheritance was preserved for her and her children. Family trust and inheritance matters can be complex, contentious and very emotional.
If you or a family member find yourself involved in a dispute over an inheritance under a Last Will and Testament or Trust, or if you suspect an elderly family member is being taken advantage of by a caretaker or relative, please be sure to contact an attorney knowledgeable in the area of challenges to Wills and Trusts.