Whiting v. Whiting: Guardianship and Ability to Amend Estate Plan to Disinherit Child

Jenna Rubin writes about Whiting v. Whiting, No. 5D13-3296 (Feb. 27, 2015) in which a child of a ward sued guardian for Ward’s amendment of estate plan to disinherit child.

Ms. Rubin’s post begins as follows:

In this guardianship, the guardianship court entered into an order appointing a guardian for an alleged incapacitated person based upon a Stipulation for Limited Guardianship entered into by the parties.  That Order restricted the ward’s ability to manage her personal financial affairs beyond a $1,500 limit for any single transaction and also limited her ability to give gifts to $1,500 per person per year.  Following the entry of the Order, the Ward amended her estate plan to leave all of her assets to one of her sons, leaving out her other two sons who had previously been included as equal beneficiaries.

Following the Ward’s death, one of the excluded sons sought to set aside the trust amendment based upon the plain language of the Order.

Read full post at Rubin on Probate Litigation: Whiting v. Whiting.


Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal.