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Trusts & Estates

Oct. 21, 2011

4th District shields trustees of revocable trusts from liability

When do remainder beneficiaries have standing to sue a trustee of a revocable trust? By Megan Ferkel Earhart of Goldfarb, Sturman & Averbach

See Correction Below.

By Megan Ferkel Earhart

Recently, in Estate of Giraldin, 2011 DJDAR 14642 (4th Dist. Sept, 26, 2011), the 4th District Court of Appeal addressed the issue of when remainder beneficiaries have standing to sue a trustee of a revocable trust. With an aging patriarch and warring children, the court likened the family dynamic to that of King Lear.

In Estate of Giraldin, settlor Bill...

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