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Wills, Trusts & Estates Keyed to Sterk
In re Estate of Potter
Citation:
469 So.2d 957 (1985)Facts
Mildred D. Potter’s will bequeathed her residence at 14 Sunset Lane, Pompano Beach, Florida, and its household goods to her daughter, Helen Potter Wanke, if Helen survived her. If Helen did not survive her, the property would be sold, and the proceeds would go to Mrs. Potter’s residuary estate. Mrs. Potter intended that all specifically bequeathed property pass free of administrative expenses and estate taxes. In conjunction with her will, Mrs. Potter amended her inter vivos trust to stipulate that if Helen received the residence, an equivalent amount in cash should be paid to her son, Edwin E. Potter, Jr., from the trust before its division into separate trusts for her son and daughter. Upon Mrs. Potter’s death, these provisions became effective as her husband had predeceased her. However, the trust lacked sufficient assets to pay Edwin the equivalent value of the residence, creating an unresolved financial imbalance between the beneficiaries.
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