Florida Trust Litigation Dispute over foundation of the late Hugh Culverhouse.

Interesting article about a Florida Trust Litigation Dispute and fight over the terms of a family foundation of former Tampa Bay Bucs owner Hugh Culverhouse and whether the trust and settlement agreements controlled or the foundation had the right to make changes.

Upon remariage of the surviving spouse and subsequent remarriage problems do frequently arise. This is an interest Florida Trust Dispute. As a result of the 1997 settlement and the subsequent changes within the foundation which disregarded significant aspects of that settlement and conflicts of interests which arose the grantors intent to keep the charitable foundation money in Florida and going 90% to the original beneficiaries has been subverted.
It is important to prepare documents in advance to withstand probate and trust litigation challenges so the document and the grantors intent is carried out.

Based on Florida Probate Law and statute 732.702 full and fair disclosure was needed for the post nup in the case because after marriage that is required for a pre nup done prior to their marriage no information is required to be provided.

Culverhouse wishes in judge's hands

The late Bucs owner's foundation defends directing money to new beneficiaries.By JEFF TESTERMAN, Times Staff WriterPublished September 20, 2005TAMPA - In a deathbed letter penned 11 years ago, Tampa Bay Buccaneers owner Hugh Culverhouse Sr. directed trustees to donate the bulk of his foundation's fortune to 38 charities, most of them in the Tampa Bay area.The plan began to fall apart after his widow, Joy McCann Culverhouse, remarried in 2001 and immediately set in motion a series of sweeping changes.After a board shakeup, the foundation wrote new bylaws. Millions of dollars began to flow not to Hugh Culverhouse Sr.'s designated charities, but to out-of-state beneficiaries with ties to Mrs. Culverhouse's new husband, Dr. Robert M. Daugherty.Now, stung by criticism from Florida's attorney general and dissension from some of the original 38 charities, the foundation has asked a judge to decide if the changes were legal.In probate papers filed in Hillsborough Circuit Court, attorneys for what is now called the Joy McCann Foundation have asked a judge to declare that the nonprofit had the authority to change its rules and donate more than $5-million to new beneficiaries.The office of Florida Attorney General Charlie Crist contends the foundation had no such right. The attorney general says the foundation engaged in a game of "bait and switch" when it disregarded the wishes of Hugh Culverhouse Sr. in creating a new list of beneficiaries."The fundamental question is the intent of Hugh Culverhouse Sr.," said Assistant Attorney General Gerald Curington. "Mr. Culverhouse gave the money for specific charities and intended it go to them."

Times researcher Cathy Wos contributed to this report. Jeff Testerman can be reached at 813 226-3422 or by e-mail at testerman@sptimes.com

Link to the the full Florida trust litigation article and the history of the trust dispute that has gone on in probate court is below.
http://www.sptimes.com/2005/09/20/Bucs/Culverhouse_wishes_in.shtml

Also the link to another interesting article about the Florid Trust Litigation and Foundation dispute can be found here

http://www.sptimes.com/2005/05/01/Tampabay/Charity_in_conflict.shtml