Florida/Georgia Personal Injury & Workers Compensation

...The circuit court granted Sharon's motion for summary judgment; Denise's motion was denied. In its order, the circuit court ruled as follows: 1. The Court finds that the P.M. REVOCABLE TRUST was never created pursuant to Florida Statutes § 736.0402 as there were no definite beneficiaries to the purported Trust, and so the P.M....

...exercise that power. As found by the trial court in granting summary judgment, at the time of the execution of the trust, the right to contract had been removed from Saadeh, as the parties acknowledged to the court the day that the trust was signed. Section 736.0402(1), Florida Statute (2008), provides that “[ajtrust is created only if: (a) the settler has capacity to create a trust.” § 736.0402(l)(a), Fla....

...The trial court entered summary judgment in favor of the defendants on Counts 1 and 2, ruling in relevant part that: (1) the children “lack standing as they are not beneficiaries or qualified beneficiaries of the original Trust, as amended by the trust protector”; and (2) section 736.0402, Florida Statutes, which states that a trust is created only if the same person is not the sole trustee and sole beneficiary, was inapplicable to this situation because the husband and wife served as co-trustees of the original trust...

...children are not beneficiaries of the Family Trust, this would mean that the Family Trust could never have come into existence because, upon the husband’s death, the wife would have been both the sole trustee and the sole beneficiary of the newly-created Family Trust. See § 736.0402(1)(e), Fla....

court’s jurisdiction to make such findings. See § 736.0402, Fla. Stat. (listing elements for creation of