31 Mar 2018, 7:39 am
In re Estate of Tolin, 622 So. 2d 988, 990–91 (Fla. 1993), and Allen make it clear that while the imposition of a constructive trust might be appropriate where a will (and thus a trust) has been validly executed, that remedy is not appropriate where there is an error in the execution of the document. [read post]
2d DCA: Can you reform a trust to fix an innocuous technical mistake in a signing ceremony (e.g., two witnesses are present, but only one signs the document)?
28 Jan 2018, 12:04 pm
Further, we are mindful of the facts that, as in Tolin, Ralph’s intent is clear in this case and a reversal of the final judgment will result in a benefit to Ralph’s estate (i.e., to Jill, Jeff, and Judy) at the expense of Lindenau. [read post]