CYNTHIA CRESCENZE, APPELLANT,
v.
E. MARIE BOTHE, AND PAMELA JEAN HANSEN, INDIVIDUALLY AND AS TRUSTEE AND BENEFICIARY OF THE BOTHE FAMILY REVOCABLE TRUST AGREEMENT, APPELLEES
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Cynthia Crescenze, a beneficiary of the Bothe Family Revocable Trust, appealed the denial of her motion to intervene in a suit to terminate the trust. The court reversed, holding that beneficiaries are indispensable parties to trust termination proceedings and cannot be barred from intervention by probate statutes of limitation.
Beneficiaries of a trust are indispensable parties to suits seeking termination of the trust, and therefore cannot be barred from intervention by probate statutes of limitation. Section 733.710(1) applies exclusively to claims against an estate in probate proceedings and has no application to civil actions to terminate a trust.
[1] Beneficiaries of a trust are indispensable parties to a suit seeking to terminate or revoke the trust.
[2] A statute of limitations applicable to claims against an estate in a probate proceeding does not apply to a civil action to terminate a trust.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Florida has long followed the rule that the beneficiaries of a trust are indispensable parties to a suit having the termination of the beneficiaries' interest as its ultimate goal.”
Establishes the core legal principle that beneficiaries cannot be excluded from trust termination proceedings
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Join FLexlaw to unlock all legal intelligenceAndreas Bothe and Pamela Hansen created the Bothe Family Revocable Trust during their marriage, naming both as trustees. Bothe's will included a pour-…
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Cynthia Crescenze appeals a circuit court order denying her motion to intervene in a suit to terminate or revoke a trust in which she is a beneficiary. We reverse the order on appeal for the reasons explained below.
Crescenze is one of several beneficiaries of the Bothe Family Revocable Trust Agreement, executed by Andreas Bothe (the decedent) and his wife, Pamela Hansen, during them marriage. Both the decedent and Hansen were named as trustees of the trust. The decedent also executed a will during their marriage, which named Hansen as the sole hem and included a pour-over clause bequeathing all of the decedent’s estate to the trust in the event that Pamela Hansen predeceased the decedent.
The decedent and Hansen subsequently divorced, and the decedent died seven days later on March 22, 2006, making the bequest to Hansen in the will void pursuant to section 732.507(2), Florida Statutes (2005).
The decedent’s mother, E. Marie Bothe, filed suit to terminate or revoke the trust, naming Hansen as the only defendant. Crescenze and the other beneficiaries were not joined in or provided notice of the suit to terminate or revoke the trust. The circuit court consolidated the suit to terminate or revoke the trust with the probate proceeding.
On March 20, 2008, the circuit court entered an order granting partial summary judgment in favor of Bothe terminating the trust. On March 27, 2008, Cres-cenze filed a motion to intervene, which was denied on April 11, 2008. On May 1, 2008, the circuit court entered final summary judgment in favor of Bothe terminating the trust.1
On appeal, Crescenze argues that the circuit court erred in denying her motion to intervene. We agree. Cres-cenze is a beneficiary of the trust, and “Florida has long followed the rule that the beneficiaries of a trust are indispensable parties to a suit having the termination of the beneficiaries’ interest as its ultimate goal.” Fulmer v. N. Cent. Bank, 386 So.2d 856, 858 (Fla. 2d DCA 1980) (citing Byers v. Beddow, 106 Fla. 166, 142 So. 894, 896 (1932), which held that a court called upon “to dissolve or terminate a trust ... must decline to act when there are, or may be, persons interested in the *33trust who are not before the court”). “Indispensable parties are necessary parties so essential to a suit that no final decision can be rendered without their joinder.” Sudhoff v. Fed. Nat’l Mortgage Ass’n, 942 So.2d 425, 427 (Fla. 5th DCA 2006).
The circuit court concluded that Crescenze’s request to intervene was barred because it was not filed prior to the expiration of the two-year statute of limitations set forth in section 733.710(1), Florida Statutes (2005). However, it is clear from the language of the statute and its place in chapter 733 of the Probate Code that section 733.710(1) applies exclusively to claims against an estate in a probate proceeding and has no application in a civil action to terminate a trust. See also Henry P. Trawick, Jr., Tmwick’s Redfeam Wills and Administration in Florida § 2:11 (2008-09 ed.) (recognizing that “[sjeveral statutes of limitation apply only to probate matters” and discussing section 733.710).
Because Crescenze is a beneficiary of the trust and therefore an indispensable party to the action seeking to terminate or revoke the trust, we reverse the circuit court’s order denying Crescenze’s motion to intervene and remand for further proceedings consistent with this opinion.
Reversed and remanded.
FULMER and SILBERMAN, JJ., Concur.
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Citator
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Hansen v. Bothe, 10 So. 3d 213 (Fla. 2d DCA 2009)…sen appeals the circuit court’s final summary judgment in favor of [*215] E. Marie Bothe, who sought to terminate or revoke the Bothe Family Revocable Trust Agreement. We reverse. We recently summarized the facts of this case in Crescenze v. Bothe, 4 So. 3d 31 (Fla. 2d DCA 2009). There, we reversed the circuit court’s order denying Ms. Cres-cenze’s motion to intervene in the action to terminate or revoke the trust. [T]he Bothe Family Revocable Trust Agreement [was] executed by Andreas Bothe (the decedent…
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Juega v. Davidson, 105 So. 3d 575 (Fla. 3d DCA 2012)…There is simply no basis for the appellees’ assertion that by virtue of participating in a civil action in capacities other than as an individual, Juega submitted to the jurisdiction of the court under the Probate Code. See also Crescenze v. Bothe, 4 So. 3d 31, 33 (Fla. 2d DCA 2009) (addressing a different section of the Probate Code but finding that “[i]t is clear from the language of the statute and its place in Chapter 733 of the Probate Code that section 733.710(1) applies exclusively to claims agains…
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In re Tr. of Adean E. Wines vs (Fla. 5th DCA 2023)…rust litigation)). Moreover, given that Appellee is now attempting to have the Second Amendment declared invalid, which could oust Appellant as a beneficiary, Appellant’s status as an indispensable party is even clearer. See Crescenze v. Bothe, 4 So. 3d 31, 32 (Fla. 2d DCA 2009) (“Florida has long followed the rule that the beneficiaries of a trust are indispensable parties to a suit having the termination of the beneficiaries’ interest as its ultimate goal.” (quoting Fulmer v. N. Cent. Bank, 386 S…
Authorities Cited
- Byers v. Beddow, 106 Fla. 166 (Fla. 1932)
- Fulmer v. N. Cent. Bank, 386 So. 2d 856 (Fla. 2d DCA 1980)
- Sudhoff v. Fed. Nat'l Mortg. Ass'n, 942 So. 2d 425 (Fla. 5th DCA 2006)