PROBATE CORNER
PROBATE CORNER
Trust Beneficiary ’ s Standing To Contest Settlor ’ s Estate
DAVID M . GARTEN
Does a trust beneficiary have standing to contest a final accounting and petition for discharge and to file a petition for surcharge even though the personal representative is not a trustee of the decedent / settlor ’ s trust ?
In Carmel v . Fleischer , 2024 Fla . App . LEXIS 4841 ; 2024 WL 3057578 ( Fla . 4th DCA 6 / 20 / 24 ), the decedent was survived by three children , including Mark . Shortly before his death , the decedent executed a codicil to his will providing that Mark ' s share of the estate would be held in trust with his two brothers as co-trustees . Estate litigation between the brothers commenced over the will provisions and a settlement was reached which included appointing Norman Fleischer (“ Fleischer ”) as personal representative of the estate .
Mark filed an objection to Fleischer ’ s final accounting and petition for discharge and a surcharge petition against Fleischer for improper administration . Fleischer defended on the basis that Mark lacked standing as an interested person because Mark was not a beneficiary of the estate but rather the beneficiary of the trust . After a hearing , Judge Burton denied Mark ’ s objections and surcharge petition . The appeal followed .
The appellate court reversed . The court held that Judge Burton erred in concluding that Mark was not an interested person with standing . The court reasoned : “ Richardson v . Richardson , 524 So . 2d 1126 ( Fla . 5th DCA 1988 ), the court applied section 731.201 ( 23 ) to determine that a contingent beneficiary of a testamentary trust is an interested person under the probate code . Id . at 1127 . The Fifth District reversed an order granting the personal representative ' s motion to strike a beneficiary ' s objection to the final accounting and petition for discharge , stating : Appellant is a contingent beneficiary under the two testamentary
trusts . Although his interest may never vest in possession or enjoyment , it is already vested in interest and in legal contemplation . Such legal interest may reasonably be expected to be affected if the personal representative has not properly administered the decendents ' estate and does not deliver to the testamentary trusts all of the assets to which the trusts are entitled under the will . Therefore appellant is an interested person within the meaning of those words as defined in section 731.201 ( 21 ), Florida Statutes , and Fla . R . P . & G . P . 5.190 ( 21 ) and is entitled to object to the personal representative ' s final accounting and discharge . Id . ( footnote omitted ) ( emphasis added ).
We agreed with Richardson in In re Estate of Watkins , 572 So . 2d 1014 , 1015 ( Fla . 4th DCA 1991 ). There , a son who was a contingent beneficiary of a trust under the will , petitioned for revocation of probate , contending that his mother — who was a beneficiary of a testamentary trust as well as personal representative of the estate — had committed fraud in the procurement of the will . Id . We held that the son , as a contingent beneficiary , was an interested person who had standing to seek revocation of probate . Id .
( Continued on next page )
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