JULIA TEDESCO VALENTINE, GUARDIAN OF THE PERSON AND PROPERTY OF DRAYTON CHEW VALENTINE, A MINOR, APPELLANT,
v.
MILTON KELNER, GUARDIAN AD LITEM, APPELLEE

Fla. 3d DCA | 1984-06-12
No. 83-1254
Before SCHWARTZ, C.J., and BARK-DULL and BASKIN, JJ.
452 So. 2d 965 Florida District Court of Appeal, Third District (1984) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

A guardian of a minor's estate spent trust funds without court approval, and the trial court ordered her to repay over $376,000. The appellate court reversed, holding that trial court erred by failing to consider whether the trust instrument intended to relieve the guardian of her parental support obligation, and remanded for reconsideration under the framework established in Ash v. Coconut Grove Bank.


Holding

The court reversed and remanded, holding that a trial court must consider whether a trust was designed to discharge parental responsibility and whether the testator intended to relieve the natural guardian of the obligation to support. If the trust so provides, parental obligation is alleviated to the extent contemplated by the trust; otherwise, the court should apply the standards of Beck v. Beck. The guardian must obtain court approval prior to expending ward's assets notwithstanding trust provisions purporting to relieve the guardian of legal duties.


Headnotes

[1] A trial court must consider the terms of a trust when determining whether a guardian is entitled to use a ward's funds for support, especially if the trust was designed t…

[2] A natural guardian of a minor must obtain court approval prior to expending assets of the ward, even if trust provisions purport to relieve the natural guardian of legal…

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Key Quotes

“when a trust is designed to discharge parental responsibility, the parental obligation is alleviated to the extent contemplated by the trust”

Establishes the core principle from Ash that guides the analysis on remand regarding whether testator intended to relieve guardian's parental support duties

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Facts & Procedural History

Drayton Valentine created a trust for his son Drayton Chew Valentine in his will, naming his wife Julia Tedesco Valentine as guardian of the child and…

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Opinion of the Court
BASKIN, Judge.

[*966] BASKIN, Judge.

Drayton Valentine died in 1974. In his will he created a trust for the benefit of his son Drayton Chew Valentine. Drayton Valentine's wife, Julia Tedesco Valentine, was named guardian of the child and of his property, and the Philadelphia National Bank later became trustee. In 1977, Mrs. Valentine adopted Drayton Chew Valentine. She received an average of $3,000 a month from the trust; she spent the entire amount without obtaining prior court approval. During her guardianship Mrs. Valentine failed to file annual returns until the trial court entered an order in 1981 requiring her to file them. After conducting a hearing concerning the expenditures, the trial court ordered Mrs. Valentine to repay to Drayton $112,705.34 spent before the adoption and $263,665.25 spent after the adoption. The trial court determined that Mrs. Valentine was not entitled to use Drayton’s funds: before the adoption the funds were not spent on the reasonable care of the child and after the adoption, she was under a legal duty to support and maintain her adopted child. In this appeal Mrs. Valentine argues that the trial court erred in failing to consider the terms of the trust when making its determination. We agree and reverse.

After the trial court reached its decision, and while this appeal was still pending, this court decided Ash v. Coconut Grove Bank, 443 So. 2d 437 (Fla. 3d DCA 1984). Ash established that when a trust is designed to discharge parental responsibility, the parental obligation is alleviated to the extent contemplated by the trust. See also Annot., 121 A.L.R. 176, 197-207 (1939). Under Ash the trial court erred in refusing to take into consideration the extent to which the testator may have intended to relieve the natural guardian of the obligation to support. On remand, the trial court need not accept appellant’s interpretation of the trust; if the court finds that the testator intended to alleviate parental responsibility, then Ash principles apply; otherwise the trial court should be guided by the standards of Beck v. Beck, 383 So. 2d 268 (Fla.3d DCA 1980).

Although we recognize what appears to be a conflict between section 744.-397(3), Florida Statutes (1981), which requires parental support of a minor and section 744.444(8), Florida Statutes (1981), which permits a guardian of the property to use the ward’s funds to pay reasonable living expenses on the ward’s behalf without obtaining court approval, we believe the issue has been resolved by Ash. Consequently, we conclude that the natural guardian of a minor must obtain court approval prior to expending assets of the ward notwithstanding trust provisions which purport to relieve the natural guardian of legal duties.

We find no merit in appellant’s assertion that the trial court is required to itemize the expenses allowed and disallowed.

An order of the probate court arrives in the appellate court clothed with the presumption of its correctness and will be affirmed if it can be supported on any theory. In re Estate of Schor, 172 So. 2d 888 (Fla.3d DCA 1965). The findings of a probate court are entitled to the same weight as the findings of any other trier of fact. In re Estate of Winslow, 147 So. 2d 613 (Fla.2d DCA 1962). The burden is on the appellant to show that the findings and order of the probate court are clearly erroneous. Gardiner v. Goertner, 110 Fla. 377, 149 So. 186 (1933).

Beck at page 272-273.

The trial court deemed it necessary to impose sanctions for the guardian’s failure to comply with accounting requirements and failure to obtain court approval for expenditures of the ward’s funds. We find no abuse of discretion in the court’s removal of Mrs. Valentine as guardian.

We have considered appellant’s other arguments and find them to be without merit.

For these reasons, we reverse and remand for further proceedings consistent with this opinion.


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Citator

Cited By

  • …s also evidence to support the trial court’s finding that the trust funds were not improperly invested. In regal’d to the cross-appeal, we find no abuse of discretion in denying the guardian/trustee’s attorney’s fees and costs. Valentine v. Kelner, 452 So. 2d 965 (Fla. 3d DCA 1984)(trial court did not abuse discretion in imposing sanctions for guardian’s failure to file accountings). If he had only done what the trusts required him to do, let alone what the guardianship statutes require, this litigation woul…
  • In re The Est. OF Herman Allen Fisher v. Angelique Ragans, 503 So. 2d 962 (Fla. 1st DCA 1987)
    …rovided in Section 744.301, Florida Statutes, a natural guardian is entitled to the charge only of the person, not of the estate of the ward. McKinnon v. First National Bank of Pensacola, 77 Fla. 777, 82 So. 748 (1919); see also Valentine v. Kelner, 452 So. 2d 965 (Fla. 3rd DCA 1984) (natural guardian of a minor may not use a ward’s property without obtaining court approval). Thus, appellee, having never been appointed as “guardian of the property,” may not rely upon Section 733.301(3). Appellee’s reliance u…

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