The team at Vernon Litigation, spearheaded by attorney Victoria Martinez, celebrates an incredible feat in the name of justice for their client. In a recent decision by the Circuit Court for Broward County for the 17th Judicial Circuit, the Court found cause to grant our client's request for relief to reform the Irrevocable Trust of her late mother. The irrevocable trust did not include our clients as beneficiaries, which our client believed to be a sincere mistake in the trust documents.
Challenging an Irrevocable Trust in Naples, FL
An irrevocable trust by its very nature is created with the premise to not be reformed, amended, or revoked by either the grantor (creator of the trust) or beneficiaries (receivers of the trust benefit). The benefits of an irrevocable trust for both grantee and beneficiary include assets being shielded from creditors, lawsuits, and certain estate taxes, as they no longer belong to the grantor. Additionally, creating a trust, such as an irrevocable trust, typically avoids the probate process as the future of the assets is predetermined in the trust terms.
In this unique situation, through dedicated and creative advocacy, our team persuaded the court by clear and convincing evidence that the intent of the grantor was not evident or consistently present in the trust terms as they stood. Through extrinsic evidence, our team was able to show that our client was indeed an intended beneficiary and that the irrevocable trust must be reformed to reflect the intention of the grantor, her mother.
After persuasive advocacy over the respondent’s vehement objections, and under Florida Statute § 736.04113, the Court found cause to reform the trust, thus including our clients as beneficiaries like their mother intended. We are grateful to our clients for allowing our team to establish such a precedent and assist in achieving their goals.
Naples Trust Reformation Attorneys Protecting Beneficiary Rights
This case highlights the importance of Naples trust reformation attorneys in correcting estate planning errors and ensuring that beneficiaries receive their rightful inheritance. Vernon Litigation Group specializes in:
- Challenging trusts in Naples, Florida
- Probate dispute resolution in Naples, FL
- Irrevocable trust reformation in Naples, Florida
- Asset protection strategies to avoid probate in Naples, FL
Our firm remains committed to fighting for beneficiaries, ensuring that estate plans uphold the true wishes of those who create them.
Vernon Litigation Group is a nationally recognized law firm, based in Naples, Florida, that has been successfully representing clients in estate, trust, and probate disputes throughout Florida and the United States for decades. Our attorneys can be reached via phone at (239) 319-4434, e-mail at info@vernonlitigation.com, or by visiting Vernon Litigation Group online at https://www.vernonlitigation.com