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Zuckerman v. Alter

615 So. 2d 661 (1993)

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Zuckerman v. Alter

Florida Supreme Court
615 So. 2d 661 (1993)

  • Written by Liz Nakamura, JD

Facts

Celia Kahn’s will devised her residuary estate to her nieces, Sharon Zuckerman and Beverly Kanter (plaintiffs). Kahn placed her brokerage account, which was her most valuable asset, into a revocable inter vivos trust under which the trust assets would pass to Jack Alter (defendant) upon her death. Kahn was the trust’s settlor, sole trustee, and lifetime beneficiary. The trust was signed by Kahn and notarized in Florida, but its execution was not witnessed. Following Kahn’s death, Zuckerman and Kanter petitioned to have the trust invalidated because it contained testamentary aspects but failed to comply with Florida’s will-execution requirements. The circuit court held that the trust was invalid and ruled that the brokerage account must pass through the residuary estate. Alter appealed, and the district court reversed, ruling the trust was valid as executed because it did not contain testamentary aspects and complied with Florida’s execution requirements for revocable trusts established by a settlor who was also the sole trustee. The district court then certified a question to the Florida Supreme Court as to what test should be used to determine the validity of revocable trusts for which the settlor was the sole trustee.

Rule of Law

Issue

Holding and Reasoning (McDonald, J.)

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Casebooks

Wills, Trusts, and Estates

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