USA – FLORIDA Trends and Developments Contributed by: Jennifer Jordan McCall, Jennifer Altman, Christine Tsai and Maria Williams, Pillsbury Winthrop Shaw Pittman LLP
Cautionary notes for planning and protection of beneficiaries The importance of clear communication As discussed in last year’s Chambers Global Practice Guide for Private Wealth 2025, co-authored by Jen - nifer Jordan McCall, the recent year has continued to highlight the importance of discussing financial plan - ning openly within the family. This prepares children to receive and protect their inheritance, creates a solid foundation for a healthy marriage, and can help to pro - tect elderly and cognitively vulnerable elderly clients from abuse and undue influence. Trusts and protective mechanisms Trusts can help to protect beneficiaries from poten - A prenuptial agreement provides a good context for frank discussions of money and how it will affect the relationship. Developing self-esteem through employment and working on healthy relationships can empower a person with wealth to maintain inter - personal boundaries, which can support the person’s physical, emotional and financial health. Tips for successful litigation When and if family litigation arises, open and direct communication, such as through mediation, may help a great deal. If court is unavoidable, honesty and can - dour, combined with diplomacy, patience and respect for the other parties, are likely to enhance the like - lihood of success. Frequently, the issues discussed above can lead to an actual court case. When this happens, it is essential that the client obtain skilled advice not just from litigators but also from savvy trust and estate lawyers, who can offer strategic advice as early as possible in the proceeding. Recent examples of HNW litigation techniques and dispute resolution In Florida, there have been several disputes involving family assets, including primary residential property, in recent years. tially predatory third parties. Prenuptials to promote clarity For example, in Fuentes v Link , 394 So. 3d 684 (Fla. Dist. Ct. App. 2024), the court upheld that a prima - ry residence transferred to a revocable trust for the
benefit of the decedent’s surviving spouse was not part of the estate, rejecting the daughter’s claim that the trust was an invalid conveyance as there was no material issue regarding the decedent’s intent or the trust’s delivery. In Leitner v Leitner , 391 So. 3d 1023 (Fla. Dist. Ct. App. 2024), the court found that summary judgment was inappropriate due to factual issues suggesting potential undue influence by one son after the decedent executed a will favouring the other. Evidence such as a sudden change in dispo - sition and the son’s role in the transaction raised a presumption of undue influence. And in Johnson v Johnson , 413 So. 3d 872 (Fla. Dist. Ct. App. 2025), the court allowed the reformation of two mistakenly drafted deeds, allowing the grandchildren to receive property intended for them by their grandparents. The court found sufficient evidence of mutual mistake and intent to justify reformation of the deeds. Given the rise of third parties who made make it a determined effort to exploit vulnerable and elderly cli - ents, including those who have cognitive challenges, an estate planner should be on the lookout for certain fact patterns which may demand higher vigilance on their part: if a third party is communicating the wishes of the decedent to the attorney, the estate planner should meet directly with the client and without the third party present or, in the case of a client who is in critical condition at a hospital, to find out what they would actually like. It may be best to refrain from undertaking additional estate planning; an urgent need to prepare documents could be a red flag with respect to improper or undue influence being asserted against the client. When a client lacks cognitive ability, a third-party independent review of their level of confi - dence should be obtained. Finally, a third-party taking great interest in the assets of the decedent should be a warning sign – a third party anxious to receive particular assets should cause the estate planner to exercise additional caution. In Carmel v Fleischer , 391 So. 3d 907 (Fla. Dist. Ct. App. 2024), the decedent’s son objected to the admin - istration of the decedent’s estate and claimed that his brother had undue influence over the decedent’s will provisions. When the personal representative sought to close the estate, the son filed objections, includ - ing mismanagement by the personal representative.
759 CHAMBERS.COM
Powered by FlippingBook