When Can a Florida Court “Reform” a Mistake in a Deed?

Inter-family disputes often arise over the administration of a loved one’s estate or trust. That is why it is critical to take steps while you are still alive to ensure you have estate planning documents that are clear, accurate, and are not susceptible to misinterpretation later. An honest mistake or oversight can prompt litigation, even between immediate family members.

Florida Court Sides With Children Over Their Mother in Real Estate Dispute

Take this 2025 case from the Florida First District Court of Appeal. In Johnson v. Johnson, the litigants were a mother (the plaintiff) and her two adult children (the defendant). The subject of their dispute was two pieces of real estate owned by the plaintiff’s late father, who of course was also the defendants’ grandfather.

Here is what transpired. The grandfather and his wife owned the two properties. In 2006, they created a joint living trust and signed a deed transferring the properties to themselves as trustees. In 2016, the grandson moved in with his grandparents to help take care of them. The grandson later testified that in exchange for his help, his grandparents promised to leave the two properties to the grandson and his sister.

The grandmother died in 2018. This left the grandfather as the sole surviving trustee. Two months later, the grandson arranged for an attorney to draft a Lady Bird Deed for his grandfather. This deed made good on the grandfather’s promise to transfer the two properties to his grandchildren, subject to a life estate reserved for himself. For some reason, nobody realized that the properties were still held in trust, so the grandfather purported to sign the deed in his individual capacity.

After the grandfather died in 2020, his daughter became successor trustee of the trust. She believed the properties still belonged to the trust and subsequently sued to eject her children. The grandchildren responded by asking the court to “reform” the deeds to both properties based on mutual mistake.

Essentially, the grandchildren’s argument was that their grandfather always had the right to transfer the properties in question in his capacity as trustee, since the trust itself remained revocable until his death. Had the deeds correctly identified him as the trustee rather than as the individual owner, there would have been no question as to the validity of the transfers. Given that, reformation of the deeds was justified under Florida law to carry out the grandfather’s express wishes.

The circuit court agreed with this reasoning and granted judgment reforming the deeds, thus confirming the grandchildren’s ownership of the properties. Their mother appealed on several grounds. But the First District found them without merit and affirmed the trial court’s decision.

Contact a Davie Inter-Family Dispute Lawyer Today

Ideally, a well-drafted estate plan can preempt potential inter-family conflicts. But when disagreements do arise over how to interpret a will or trust, it is important for those involved to seek out professional legal advice from a qualified Davie inter-family dispute attorney. Contact Valero Law today at 305-607-7011 to schedule a free consultation. We serve clients in Davie, Broward County, Coconut Grove and Miami-Dade County.

Source:

scholar.google.com/scholar_case?case=6278830186741436534