Contingent Beneficiary

33 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• In re Est. OF David H. Rice v. Murray A. Greenberg & Flagship Nat'l Bank of Miami
  406 So. 2d 469· Fla. 3d DCA· 1981-09-29 ·cited 30×
  This case involves the construction of a will to determine whether specific bank stock devised to the residuary trust vested immediately upon the testator's death or remained contingent, and whether the stock could be used to fund a marital trust for the testator's surviving wife
• Miles Brundage v. Bank OF Am. u/a Dorothy S. Gutsgell Amended & Restate Revocable Tr. Agreement dated March 26
  996 So. 2d 877· Fla. 4th DCA· 2008-10-29 ·cited 25×
  Beneficiaries of a revocable trust appealed a judgment dismissing their claims for declaratory relief and breach of fiduciary duty regarding the distribution of stock from the trust following a 1998 stock split. The appellate court affirmed the dismissal of the declaratory judgme
• The Mercantile Nat'l Bank AT Dallas v. The Franklin Life Ins. Co. & Nolia Elizabeth Teer
  248 F.2d 57· 5th Cir.· 1957-09-05 ·cited 20×
  The court held that the insured's actions were sufficient to effectively elect to surrender the policy for its cash value, thus maturing the insurer's obligation to pay before her death.
• Blechman v. Est. OF Bertram Blechman
  160 So. 3d 152· Fla. 4th DCA· 2015-04-01 ·cited 13×
  This probate case involves whether a deceased LLC member's membership interest passes outside probate to his children under the operating agreement's default provision, or remains part of his probate estate. The court held that the operating agreement's express language mandating
• Richardson v. John H.M. Richardson
  524 So. 2d 1126· Fla. 5th DCA· 1988-05-12 ·cited 12×
  A son of a decedent sought to object to the widow's final accounting as personal representative, but the trial court dismissed his objection on the ground that he lacked standing as an 'interested person.' The appellate court reversed, holding that a contingent beneficiary under
• Wyly v. United States
  662 F.2d 397· 5th Cir.· 1981-11-30 ·cited 12×
  Losses on sales to trusts are not deductible under I.R.C. § 267 because taxpayers were contingent beneficiaries, and the minimum tax is constitutional and not deductible.
• Brogdon v. Guardianship OF Clyde Finch Brogdon
  553 So. 2d 299· Fla. 1st DCA· 1989-11-30 ·cited 11×
  A potential inheritance and entitlement to alimony from a guardianship ward are sufficient predicates for standing to petition for an amended inventory and payment of support.
• The Fla. Nat'l Bank & Tr. Co. AT Miami v. Blake
  155 So. 2d 798· Fla. 3d DCA· 1963-08-13 ·cited 10×
  Florida National Bank appeals the chancellor's dissolution of an irrevocable spendthrift trust created in 1954 by John Joseph Blake. The court reverses, holding that the chancellor erred in terminating the trust without all beneficiaries, including contingent beneficiaries and an
• Baumet v. United States
  191 F.2d 194· 2d Cir.· 1951-07-23 ·cited 10×
  The court held that the Peters, as persons standing in loco parentis, were entitled to the insurance proceeds, both before and after the designated beneficiary's death, under the statutory scheme.
• Rickard v. McKESSON
  774 So. 2d 838· Fla. 4th DCA· 2000-12-27 ·cited 9×
  Sylvia Rickard challenged the adoption of Gordon McKesson by Donald Blackwell, arguing it was a fraudulent scheme to deprive her of her inheritance under a family trust. The court held that Rickard, as a contingent beneficiary of the trust, had standing to collaterally attack the
• The First Nat'l Bank OF Miami v. Kerness
  142 So. 2d 777· Fla. 3d DCA· 1962-07-03 ·cited 8×
  The First National Bank of Miami, as trustee of an irrevocable spendthrift trust created in 1952, sought a declaratory judgment regarding its duties when the adult beneficiary requested an advancement for living expenses. The court reversed the lower court's judgment that allowed
• In re Est. of Edward A. Fredericks v. Shriners Hosps. FOR Crippled Child., Inc.
  311 So. 2d 376· Fla. 2d DCA· 1975-04-23 ·cited 6×
  Edward Fredericks executed a will providing his estate to his wife Eva, with the Shriner's Hospital for Crippled Children as contingent beneficiary if Eva predeceased him or they died in a common accident. After Fredericks divorced Eva and subsequently died without remarrying, th
• Ivy Rogers v. Unionmutual Stock Life Ins. Co. OF Am.
  782 F.2d 1214· 4th Cir.· 1986-02-13 ·cited 4×
  Payment of insurance proceeds by an insurer in good faith reliance on death certificates, without prior written notice of conflicting claims, discharges the insurer's liability under W. Va. Code § 33-6-22.
• In re Est. of Ruth Y. Stewart
  242 So. 2d 781· Fla. 4th DCA· 1970-11-04 ·cited 4×
  The Florida District Court of Appeal reversed an order that invalidated a testamentary power of appointment granted to William A. Shea to distribute trust property among the testator's relatives and charitable organizations. The court held that the power did not violate the rule
• Riley v. United States
  212 F.2d 692· 4th Cir.· 1954-05-05 ·cited 4×
  The court held that the plaintiff's claim for the full insurance proceeds was barred by the statute of limitations, as the right accrued upon the insured's death, not upon notification of death. However, the plaintiff was entitled to the remaining proceeds after the father's deat
• Hendrich v. Anderson
  191 F.2d 242· 10th Cir.· 1951-07-27 ·cited 4×
  The court held that the insured's children from his first marriage and his adopted son Thomas, along with Rodha Anne Mumford, were entitled to the insurance benefits, while Bernice Anderson and the Thornwall children were not.
• Koehler v. Clark
  170 F.2d 779· 9th Cir.· 1948-11-15 ·cited 4×
  The court held that the appellants, as U.S. citizens, could not establish a litigable interest in the trust property vested by the Alien Property Custodian, as their alleged interest was a remote contingency dependent on the vested interest of an enemy national.
• Meyer v. United States
  275 F.2d 83· 2d Cir.· 1959-09-04 ·cited 3×
  The dissenting judge would hold that portions of insurance policy proceeds set aside to fund payments to the surviving spouse after a twenty-year period qualify for the estate tax marital deduction.
• Dykes M. Young v. Dep't of Admin.
  524 So. 2d 1071· Fla. 1st DCA· 1988-04-20 ·cited 2×
  Dykes Young appealed administrative and circuit court decisions denying him monthly retirement benefits from his deceased mother's state pension account. The court held that when other designated beneficiaries disclaimed their interests under Florida's disclaimer statute, Young,
• Est. of Norah K. Lloyd v. The United States
  650 F.2d 1196· Ct. Cl.· 1981-06-03 ·cited 2×
  The court's interpretation of the testator's intent regarding the trust corpus and the ability to invade it is unsound, and the statute does not provide for the case.
• Lamontagne v. Hunter
  341 So. 2d 1074· Fla. 2d DCA· 1977-02-04 ·cited 2×
  A divorce subsequent to the execution of a will revokes any provisions for the former spouse, allowing contingent beneficiaries to inherit.
• Peckham v. Metro. Life Ins. Co.
  415 F.2d 312· 10th Cir.· 1969-09-10 ·cited 2×
  A divorce decree ordering a spouse to remain beneficiary of a group insurance policy is enforceable against a subsequent change of beneficiary, even if the policy is non-assignable.
• Boys Club OF Fall River v. Keay
  318 F.2d 218· D.C. Cir.· 1963-03-07 ·cited 2×
  The court held that the testator did not die intestate as to the disputed portion of the estate, and the philanthropic organizations are entitled to take.
• Horning v. Lindsay
  169 F.2d 963· D.C. Cir.· 1948-08-30 ·cited 2×
  The court held that where a life insurance policy designates a beneficiary conditionally ('if living') and that beneficiary predeceases the insured, the proceeds go to the insured's executors, not the deceased beneficiary's estate, as the condition for vesting never occurred.
• Nw. Mut. Life Ins. Co. of Milwaukee v. Fink
  118 F.2d 761· 6th Cir.· 1941-04-08 ·cited 2×
  The court held that a beneficiary's right to insurance proceeds was not vested upon the insured's death if the beneficiary died before proof of death was received, and the designation of contingent beneficiaries controlled.
• Eaves v. Division OF Retirement
  704 So. 2d 140· Fla. 1st DCA· 1997-11-19 ·cited 1×
  Pamela Eaves appeals the Division of Retirement's denial of death benefits as the surviving spouse of Billy J. Eaves, a vested Florida Retirement System member who had designated other beneficiaries. The court holds that because the designated beneficiaries did not qualify for an
• Chatman v. W.M. Currie and Carolyn Currie
  606 So. 2d 454· Fla. 1st DCA· 1992-10-09 ·cited 1×
  Charles Chatman, Sr. killed his wife and stepchildren, then committed suicide. The trial court awarded the proceeds of his life insurance policy to his wife's and stepchildren's estates, denying benefits to his son (the contingent beneficiary). The appellate court reversed, holdi
• In re the Est. OF Richard David Watkins
  572 So. 2d 1014· Fla. 4th DCA· 1991-01-04 ·cited 1×
  A son appealed summary judgment dismissing his challenge to his mother's administration of his father's estate on grounds of lack of standing. The court reversed, holding that a contingent beneficiary under a testamentary trust has standing as an interested person to challenge es
• McPARTLAND v. Palmer
  41 Fla. Supp. 69· St. Lucie Cty. Cir. Ct.· 1974-08-28
  A trustee sought declaratory judgment on whether a trust amendment permitting principal distributions violated the trust's ten-year duration restriction and required consent of all beneficiaries, including contingent ones. The court held that Amendment No. 1 was invalid because c
• Beatty v. Nat'l Sav. & Tr. Co.
  289 F.2d 763· D.C. Cir.· 1961-02-23
  The court held that the father and son could not terminate the trust provisions as it would disregard the testatrix's intent and the rights of contingent beneficiaries.
• United States v. Foulger
  249 F.2d 237· 10th Cir.· 1957-10-21
  The court held that the principal beneficiary's failure to elect an alternative payment option meant the contingent beneficiary was only entitled to the remaining installments certain under the statutory option.
• Franck v. Equitable Life INS. Co.
  203 F.2d 473· 8th Cir.· 1953-04-17
  The court held that the annuitant's clear intent to change beneficiaries, coupled with written notice to the insurer, was sufficient under Iowa law to effectuate the change, even if not all contractual formalities were met.
• Curry v. Crump
  192 F.2d 279· 5th Cir.· 1951-11-06
  The court held that the trust established by the will and codicil has not terminated because the codicil changed the vesting provisions, making the trust executory. The grandson's interest is limited to a life estate, and contingent remainders must be protected.