What Happens When Property Is Accidentally Left Out of a Florida Trust?

Creating a trust is often an important part of estate planning. Many Florida families use trusts to help avoid probate, simplify asset management, and protect property for future generations. However, even carefully prepared estate plans can encounter problems if property is never properly transferred into the trust. At Bleakley Bavol Denman & Grace, our Tampa trust litigation attorneys regularly help clients resolve disputes involving trusts, real estate ownership, and estate administration.

A recent Florida appellate case demonstrates how a simple title oversight can lead to expensive litigation and unexpected complications.

How Property Can Be Left Out of a Trust

A trust only controls assets that are actually transferred into it. In many cases, people create a revocable or irrevocable trust but forget to retitle certain assets afterward. Real estate mistakes are especially common.

For example, a person may:

• transfer one parcel of land, but not an adjacent parcel
• fail to record a new deed
• overlook jointly owned property,
• or mistakenly assume an attorney or title company completed the transfer.

When this happens, the property may remain outside the trust entirely.

A Real Case Example

In Weber v. Weber, a divorcing couple had transferred part of their Boca Grande waterfront property into an irrevocable family trust. However, adjacent submerged land was never transferred into the trust due to a title oversight. Later, when the trustee attempted to sell the property, the mistake was discovered.

The former husband then filed a court motion seeking to force the other spouse to sign documents transferring the submerged land into the trust. However, the former wife opposed the motion since the marital settlement agreement (MSA) did not specifically mention the disputed property. She then sought attorney’s fees under the MSA’s prevailing party-provision. The trial court denied the wife’s request.

However, the appellate court ultimately ruled that the former wife successfully defeated the enforcement action and was entitled to attorney’s fees.

Although the case focused heavily on attorney fees, it also highlights how incomplete trusts can create major legal disputes years later.

Why These Errors Create Litigation Risks

When property is accidentally left out of a trust, several legal issues may arise, including:

• disputes over ownership
• conflicts between beneficiaries
• delays in property sales
• probate complications,
• and lawsuits involving trustees or family members.

In some situations, courts may need to determine whether the omission was accidental or intentional. Disagreements can become especially complicated after divorce, death, or incapacity.

Additionally, trustees may face challenges fulfilling their duties if they cannot establish clear ownership of trust assets.

Can the Problem Be Fixed?

Sometimes the issue can be corrected through a new deed, trust amendment, or negotiated agreement among interested parties. In other cases, litigation may become necessary if someone refuses to cooperate or disputes ownership rights. The appropriate solution often depends on several factors, including the language of the trust and the timing of the discovery.

Because Florida trust and property laws can overlap, these disputes may require careful legal analysis.

Protecting Your Estate Plan

One of the best ways to avoid future trust litigation is to confirm that every intended asset has been properly transferred into the trust. Regular reviews of deeds, titles, and beneficiary designations can help identify issues before they escalate into costly disputes.

Contact BBDG Law

If you suspect property was mistakenly excluded from a trust or are involved in a trust-related property dispute, the experienced Tampa trust litigation attorneys at Bleakley Bavol Denman & Grace can evaluate your situation and help protect your interests. Contact us today to schedule a consultation.

Source:

scholar.google.com/scholar_case?case=2423928362461724967&q=trust+litigation+&hl=en&as_sdt=4,10,325,326,327&as_ylo=2026