Trusts, Resulting Trust
1Elements and Case Citations
[MM_Access_Decision access='false']
- The parties actually intend to create a trust relationship;
- The parties fail to execute documents creating, or establish adequate evidence of the intent to create, a trust.
Subscribers To The Florida Litigation Guide Can See:
- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.
Click Here To See A Sample Chapter From The Guide
Subscribe to The Florida Litigation Guide To Access Everything!
[/MM_Access_Decision] [MM_Access_Decision access='true']- The parties actually intend to create a trust relationship;
- The parties fail to execute documents creating, or establish adequate evidence of the intent to create, a trust.
For example, a resulting trust arises as a matter of law when: (a) an express trust fails in whole or in part; (b) an express trust is fully performed without exhausting the trust estate; and (c) a person furnishes money to purchase property in the name of another and both parties intend at the time of purchase that legal title be held by the named grantee for the benefit of the unnamed purchaser. See Steinhardt v. Steinhardt, 445 So. 2d 352, 357 (Fla. 3d DCA 1984), rev. denied, 456 So. 2d 1181 (Fla. 1984); Constructive or resulting trusts involving real estate can be based on parol evidence. See Stonely v. Moore, 851 So. 2d 905, 906 (Fla. 3d DCA 2003).
FLORIDA STATE COURTS
Supreme Court: Grapes v. Mitchell, 159 So.2d 465, 467 (Fla. 1963).
First District: Key v. Trattmann, 959 So.2d 339, 342-43 (Fla. 1st DCA 2007); Steigman v. Danese, 502 So.2d 463, 467 (Fla. 1st DCA 1987), vacated on other grounds, 601 So. 2d 570 (Fla. 1st DCA 1992).
Second District: Found. for Developmentally Disabled, Inc. v. Step By Step Early, 29 So.3d 1221, 1225 (Fla. 2d DCA 2010).
Third District: Petithomme v. Petithomme, 232 So. 3d 1058, 1061 (Fla. 3d DCA 2017); Marks v. Millman, 641 So.2d 414, 415 (Fla. 3d DCA 1993); Steinhardt v. Steinhardt, 445 So.2d 352, 357 (Fla. 3d DCA 1984), rev. denied, 456 So.2d 1181 (Fla. 1984).
Fourth District: Zanakis v. Zanakis, 629 So.2d 181, 182-83 (Fla. 4th DCA 1993).
Fifth District: Maliski v. Maliski, 664 So.2d 341, 342 (Fla. 5th DCA 1995).
FLORIDA FEDERAL COURTS
Southern District: In re Carballo, No. 19-11266-LMI, 2019 WL 6340220, at *2 (Bankr. S.D. Fla. Nov. 26, 2019); Sanchez-Villalba v. Herkert, No. 12-23199-CIV, 2013 WL 537496, at *5 (S.D. Fla. Feb. 12, 2013).
Middle District: In re Woolum, 279 B.R. 865, 869 (Bankr. M.D. Fla. 2002).
REFERENCES
Restatement (Second) of Trust ‘ 459 (1959)
2 Defenses to Claim for Trusts, Resulting Trust
(1) Fla. R. Civ. P. 1.110(d) (pleading affirmative defenses), and other standard defenses. See § 1.
(2) Claims against a decedent’s estate must be filed within three months of the first publication of notice of administration as required by ‘ 733.702, Flat. Stat.
(3) Plaintiff cannot prove elements of claim by clear and convincing evidence. Hiestand v. Geier, 396 So.2d 744, 745 (Fla. 3d DCA 1981); Found. for Developmentally Disabled, Inc. v. Step By Step Early, 29 So.3d 1221, 1225 (Fla. 2d DCA 2010).