In this episode of Trust This, Florida Estate Planning & Asset Protection Attorney Joe Seagle unpacks McGee v. McGee (August 2025) a real case that shows how small oversights in a revocable living trust can trigger confusion, disputes, and unintended outcomes for families. Joe explains what went wrong and reveals the three key steps every attorney and client should follow to prevent these costly mistakes: review prior plans, clarify intent, and confirm who’s responsible for retitling and funding the trust.
If you’ve ever updated or are considering amending your estate plan, this episode is a must-watch. Joe’s insights will help you protect your assets, honor your intentions, and avoid the legal headaches that can arise from simple missteps.
👉 Watch the full episode now to learn how to safeguard your legacy and ensure your estate plan truly works for you and your family.
Joe Seagle:
What are three things that every lawyer and every estate planning client should know to avoid getting into trouble when handling your estate plan amendment or creating your estate plan from scratch?
Hey, I’m Joe Seagle, your real estate and asset protection attorney here in Orlando, Florida. Today I want to talk about a case that came up in August 2025 — McGee v. McGee, from the Second District Florida Court of Appeals.
It’s a simple case, but an important one. Mr. McGee had a revocable living trust created in 2014, naming his wife, Mrs. McGee, as the successor trustee and leaving everything equally to her and his daughter. In 2021, he went to a different attorney and created a new trust leaving everything solely to his wife. Unfortunately, all of Mr. McGee’s assets — real estate, bank accounts, and other property — were still titled in the 2014 trust.
When Mr. McGee passed away, Mrs. McGee believed she should receive everything under the 2021 trust, while the daughter claimed her share under the 2014 trust. The trial court ruled that the 2021 trust was merely an amendment to the 2014 trust, giving everything to Mrs. McGee. However, the Court of Appeals disagreed, finding that Mr. McGee had actually created a new trust entirely, meaning assets needed to be retitled to the 2021 trust — something that had never been done.
The lesson? A trust is not like a will. A new trust does not automatically replace the old one. Assets must be properly retitled, and the document must clearly express whether it’s an amendment, restatement, or an entirely new trust.
Three Key Takeaways for Attorneys
Ask clients during intake whether they have any prior estate plans or trusts.
Review those documents carefully to understand what’s already been funded or titled.
Clarify in writing whether you, as the attorney, will handle the funding and retitling of assets — or if that responsibility lies with the client.
Three Key Lessons for Clients
Gather all prior documents and titles before updating or creating a new estate plan.
Be clear with your attorney about your goals — whether you’re amending, replacing, or creating a new trust.
Confirm who will handle retitling your assets, and understand whether that’s included in your legal services or requires an additional fee.
The McGee v. McGee case is a powerful reminder that clarity and communication are everything in estate planning. A well-drafted and properly funded trust ensures your legacy is honored exactly as you intend.
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