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Wills, Trusts & Estates keyed to Weisbord
Timmons v. Ingrahm
Citation:
36 So. 3d 861 (2010)Facts
Frank Timmons, Sr. died in 1999, survived by his wife Myrtle and two adopted children from a previous marriage. Myrtle had four natural children who were never adopted by Frank Sr. In his will, Frank Sr. created the Timmons Family Trust valued at $650,000 and the Timmons Marital Trust containing the more substantial portion of his estate. Myrtle was the sole income beneficiary during her lifetime with discretionary withdrawal powers. Frank Sr.’s will expressly defined “children” to include both his adopted children and Myrtle’s children. The Family Trust granted Myrtle a limited power of appointment to distribute trust principal “to and among my then living lineal descendants.” In 2007, Myrtle executed an “Exercise of Limited Power of Appointment” attempting to grant all Family Trust assets to her four natural children and their descendants, expressly stating her intent to disinherit Frank Sr.’s adopted children. The co-trustees began distributing assets accordingly and denied the Timmons access to trust records.
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