ULLMAN v. GARCIA

No. 94-419.

645 So.2d 168 (1994)

Howard F. ULLMAN, as Guardian of the Person and Property of Irene Oldensmith, Incompetent, Appellant, v. David GARCIA, Appellee.

District Court of Appeal of Florida, Third District.

November 23, 1994.


Attorney(s) appearing for the Case

Ullman & Ullman, Howard F. Ullman, and Steven J. Glueck, North Miami Beach, for appellant.

Steel Hector & Davis, Clay Craig, and Brian J. Felcoski, Miami, for appellee.

Before HUBBART, GERSTEN and GREEN, JJ.


PER CURIAM.

Appellant Howard F. Ullman, as guardian of the estate of Irene Oldensmith, appeals the trial court's order dismissing an action to disaffirm Totten trusts. We affirm based upon our conclusion that the guardian of an incapacitated settlor cannot contest the validity of a revocable trust during the settlor's lifetime on the basis of undue influence.

In February of 1984, 75-year-old Irene Oldensmith executed...

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