Provost v. Justin
Florida District Court of Appeal
19 So. 3d 333 (2009)
- Written by Liz Nakamura, JD
Facts
Aurele Provost and Geraldine Provost executed a joint revocable trust in 1989 that listed Aurele’s three children, Marquis Provost, Constance Monty, and Levis Provost (plaintiffs), as beneficiaries. The 1989 trust stated that the settlors could only revoke or amend the trust “during their lives.” Aurele died in 1994. In 2001, Geraldine executed an amendment to the 1989 trust that changed the beneficiaries from Aurele’s children to Geraldine’s former foster child, Sharon Metz (defendant), and her caregiver, Elizabeth Justin (defendant). After Geraldine’s death, Aurele’s children filed for a declaratory judgment to set aside the 2001 amendment, arguing that both Aurele and Geraldine were needed to execute any amendments to the 1989 trust. The trial court held that the 2001 amendment was valid, and Aurele’s children appealed.
Rule of Law
Issue
Holding and Reasoning (Baumann, J.)
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