January 28, 2015
Authored by: Luke Lantta
There is a difference between a person acting in her individual capacity and acting in her representative capacity. We have seen that this difference may matter when signing documents. And we have seen that it may also matter when filing a lawsuit that involves trust property. Now, in Kozinski v. Stabenow, a Florida appellate court tells us that it may also matter when seeking to surcharge a trustee and personal representative.
In this case, after the trustor died, the trustee of a trust created by the trustor filed a notice of trust. The trustee was also the representative of the trustor’s estate and filed a separate petition for administration of the estate. The two cases were consolidated and a petition was filed by two beneficiaries of the will and trust to review the compensation of the trustee/personal representative. Those beneficiaries also