TRUSTS: GUARDIANSHIP: CIVIL PROCEDURE: SUMMARY JUDGMENT: ORDERS: RULES OF CONSTRUCTION: AMBIGUOUS ORDER: PAROL EVIDENCE: TRIAL COURT ERRED BY ENTERING SUMMARY JUDGMENT DETERMINING THAT STIPULATION AND GUADIANSHIP ORDER UNAMBIGUOUSLY PREVENTED MAKER FROM AMENDING HER TRUST: ON REMAND, TRIAL COURT SHOULD CONSIDER PAROL EVIDENCE

Whiting v. Whiting, ___ So. 3d ___, 40 Fla. L. Weekly D539 (Fla. 5th DCA February 27, 2015)

The mother created a trust, which provided for equal distributions to her three sons upon her death. Three years before she died, “concerns about [the mother’s] mental competency arose,” and two of her sons filed competing petitions for appointment as her … Click To Read Full Case Law Review...