Too Many Dead Guys
Hypo:
Dead guy A dies testate in Dade County Florida in 1979. Estate is administered in Florida from 1979 to 1981. A leaves a testamentary trust in which B is named Trustee and C is named as having a life estate interest in the trust. A leaves the remainder of the trust to be distributed to C's children D and E after C dies. C dies in 2000. E dies and leaves three children F, G, and H.
H dies in Ohio in 2002. B had already moved all estate assets to Ohio from Florida. The Ohio Supreme Court has earlier ruled that the jurisdiction (venue) of a testamentary trust is where the trust originated. Ohio declined jurisdiction to close this trust in order to make distributions to H's estate so that the estate can close. Florida statute says proper venue for trusts is where the trustee is domiciled. Florida declined jurisdiction to close the trust and make final distributive shares. D brings it back to Ohio and begs "I just want my share of the $333,000."
So, obvious conflict of law between the two states. Constitutionally acceptable in either state, but no legislative authority? Forum non conveniens in favor of jurisdiction in Ohio?
Dead guy A dies testate in Dade County Florida in 1979. Estate is administered in Florida from 1979 to 1981. A leaves a testamentary trust in which B is named Trustee and C is named as having a life estate interest in the trust. A leaves the remainder of the trust to be distributed to C's children D and E after C dies. C dies in 2000. E dies and leaves three children F, G, and H.
H dies in Ohio in 2002. B had already moved all estate assets to Ohio from Florida. The Ohio Supreme Court has earlier ruled that the jurisdiction (venue) of a testamentary trust is where the trust originated. Ohio declined jurisdiction to close this trust in order to make distributions to H's estate so that the estate can close. Florida statute says proper venue for trusts is where the trustee is domiciled. Florida declined jurisdiction to close the trust and make final distributive shares. D brings it back to Ohio and begs "I just want my share of the $333,000."
So, obvious conflict of law between the two states. Constitutionally acceptable in either state, but no legislative authority? Forum non conveniens in favor of jurisdiction in Ohio?
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