Rene v. Sykes-Kennedy
Florida District Court of Appeal
156 So. 3d 518 (2015)
- Written by Liz Nakamura, JD
Facts
Lillie White established a revocable trust in 2006 naming her granddaughter, Lisa Rene (plaintiff), as trustee in the event White became incapacitated. In 2013, White was declared incompetent, and the court appointed her sister, Janie Sykes-Kennedy (defendant), as White’s limited guardian. In August 2013, Sykes-Kennedy petitioned for authorization to appoint herself as trustee of White’s 2006 revocable trust, arguing that she needed access to trust assets to properly care for White. The guardianship court ruled that Sykes-Kennedy’s education, strong relationship with White, and business experience demonstrated that it would be in White’s best interest for Sykes-Kennedy to be appointed trustee. However, the guardianship court strictly prohibited Sykes-Kennedy from making any additional amendments to the revocable trust. The guardianship court did not find evidence of wrongdoing by Rene. Rene appealed, arguing that the guardianship court did not have the authority to amend the trust’s terms.
Rule of Law
Issue
Holding and Reasoning (Evander, J.)
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