Flanzer v. Kaplan
Florida District Court of Appeal
230 So. 3d 960 (2017)
- Written by Liz Nakamura, JD
Facts
Gloria and Louis Flanzer established an irrevocable philanthropic trust in 2005 as a major part of their general estate plan. Gloria and Louis did not provide for their daughter, Jan Flanzer (plaintiff), in their estate planning. In 2015, following the deaths of Gloria and Louis, Jan challenged the validity of the philanthropic trust and moved for it to be dissolved on the basis of undue influence. Jan argued that Gloria had suffered from diminished mental capacity since 2001 and that the trustees of the philanthropic trust (defendants) had exploited their confidential, fiduciary relationship with Gloria to dictate her estate planning and disinherit Jan. The trustees countered, arguing that Jan’s claim must be dismissed because she failed to comply with the four-year statute of limitations for trust challenges. The trial court dismissed Jan’s suit, and Jan appealed, arguing that her suit was not time-barred because it was an action founded on fraud and therefore subject to the 12-year grace period under the delayed-discovery doctrine.
Rule of Law
Issue
Holding and Reasoning (Northcutt, J.)
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