Trust Amendment Made During Litigation Allowed

After the death of Mr. Minassian, his widow Mrs. Minassian became the trustee of a family trust he created. She was sued by his children for trust accountings and breach of fiduciary duties. After a failed attempt to have the children’s case dismissed on standing grounds, she appointed a trust protector to amend the terms of the trust and attempted again to have the case dismissed using the new trust terms.

In Minassian v. Rachins, a Florida appeals court reversed the trial courts’ finding that the amendment was invalid. The court reasoned that since the trust allowed for a trust protector to amend ambiguities to the trust, the mid-litigation amendment was valid.

See Jeffrey Skatoff, Trust Protector Amendment During Litigation Upheld, Clark Skatoff, Dec. 3, 2014.