PROBATE CORNER
PROBATE CORNER
The “ Dutiful Child ” Defense ( Continued )
DAVID M . GARTEN
In Jacobs v . Vaillancourt , 634 So . 2d 667 ( Fla . 2d DCA 1994 ), Mr . and Mrs . Jacobs were married in 1951 . At the time of their marriage , Mrs . Jacobs had a daughter from a previous marriage . Her daughter was married to their estate planning attorney , Mr . Vaillancourt . Mrs . Jacobs died 26 days after they executed their trust . Three days later , Mr . Jacobs sued to vacate their trust . The trial court denied Mr . Jacobs ’ request . On appeal , Mr . Jacobs contended , in part , that the trust is voidable because of undue influence by the Vaillancourts and his deceased spouse . In affirming the trial court ’ s judgment , the appellate court reasoned in part that “ Mr . Vaillancourt responded to a request for help , performed the duties requested of him , and although his actions , because he is an attorney , established a fiduciary relationship , they did not amount to active procurement ….” “ Mr . Jacobs accordingly did not establish a right to relief in this case . We agree with our sister court who said in effect in Carter that it is quite natural , and certainly not intrusive , for members of a family , including a son-in-law to discuss with his mother-in-law any changes she might desire in her will . If members of a family cannot discuss these matters without it being considered improper active procurement , we have finally demolished the family ties of love and natural affection .”
In Kennedy v . Kennedy , 2022 Fla . App . LEXIS 5399 ; 47 Fla . L . Weekly D 1684 ; 2022 WL 3205524 ( Fla . 5th DCA August 9 , 2022 ), the appellate court Per Curiam Affirmed the trial court ’ s judgment , citing Estate of Kester v . Rocco , 117 So . 3d 1196 , 1200 ( Fla . 1st DCA 2013 ) (" Where communications and assistance are consistent with a ' dutiful ' adult child towards an aging parent , there is no presumption of undue influence ."). The Mandate filed on 08 / 29 / 2022 .
UPCOMING PBCBA SOCIAL EVENTS
Wednesday , May 3 rd 4:00 P . M . - 5:30 P . M . Bar Office Wine Down Wednesday
Friday , May 5 th 11:45 A . M . - 1:15 P . M . The Ben | WPB
Law Day Luncheon
Thursday , May 18 th 5:00 P . M . - 8:00 P . M . Admirals Cove - Jupiter NCS 21st Annual Jurist of the Year
Thursday , May 25 th 5:30 P . M . - 7:30 P . M . Location TBD YLS May Happy Hour
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UPCOMING PBCBA CLE EVENTS
Tuesday , May 2 nd 12:00 P . M . - 1:00 P . M . Live via Zoom
Happiness Guaranteed in 30
Wednesday , May 10 th 11:30 A . M . - 2:00 P . M . Bar Office Real Estate CLE : Basic Compliance with FIRPTA and FinCEN for Real Estate Transactions
Thursday , May 11 th 3:30 P . M . - 5:00 P . M . Bar Office ADR / PI Joint CLE : How to Get the Most Out of Your PI Mediation
Friday , May 19 th 11:45 A . M . - 1:30 P . M . Live via Zoom
Technology Committee CLE : Artificial Intelligtence : ChaptGPT and ChatSonic for Lawyers
Tuesday , May 23 rd 11:00 A . M . - 5:00 P . M . Lake Pavilion - WPB
Workers ' Comp CLE Gameshow
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PBCBA BAR BULLETIN 16