Constructive Trust

By HSK, May 5, 2014

The Third District court of appeals recently used one of my favorite remedies, the constructive trust.  Ex-husband forgot to change the beneficiary designation from his ex-wife to his children after the divorce, but the court found that language in the separation agreement could be used to let the ex-wife get the proceeds just and only long enough for the court to place them in a trust for the children.  Although this sounds like a probate case, it is not.  Probate courts have limited jurisdiction and resort sometimes must be made to general division courts to deliver justice.  Here, the probate court would be powerless to impose a constructive trust on the life insurance proceeds.  Your attorney had better know when to choose correctly between probate court and general division court for the proper relief.

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