Wanda Barrett, as Personal Representative of the Estate of Vivienne Caserta, Appellant,
Bettina Caserta Kapoor, Individually, as Beneficiary and as Trustee of the Guido T. Caserta Trust dated October 6, 2008, and Roger Caserta, Individually and as Beneficiary, Appellees.
final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County, Barbara
Areces, Judge. Lower Tribunal No. 17-9462
& Associates, Chartered, and Roy D. Wasson; Metnick Levy
& Dyson, and Peter A. Dyson (Delray Beach), for
Silverberg & Weiss, P.A., and Kraig S. Weiss (Weston),
SALTER, LOGUE, and LINDSEY, JJ.
Barrett, as personal representative of the Estate of Vivienne
Caserta, appeals a final summary judgment entered in favor of
Bettina Caserta Kapoor and Roger Caserta in this action
arising out of the administration of the Guido Caserta Trust.
Specifically, the parties dispute the distribution of the
Residuary Trust Estate, which was funded by the net proceeds
of the sale of the Trust Property. Because, the Co-Trustees
properly distributed the Residuary Trust Estate in accordance
with the provisions of the Trust, we affirm.
unmarried widower, executed the Trust at issue herein on
October 6, 2008, conveying a parcel of property on Miami
Beach to himself as Trustee. Bettina and Vivienne,
Guido's daughters, were named Successor Co-Trustees under
the Trust. Meanwhile, Roger, Guido's son, was named as an
alternative Co-Trustee in the event of one of his
sisters' demise. All three children were named
beneficiaries under the Trust.
issue in this case concerns the interpretation of Article V
of the Trust, which clarifies that the Estate should be
distributed upon Guido's death. Article V provides:
AFTER GRANTOR'S DEATH
After Grantor's death, the Residuary Trust Estate shall
be administered and the principal and income shall be
distributed as hereinafter provided:
A) Sale of Real Property. Upon the death of the
Grantor, Bettina Caserta Kapoor shall have the right, per
stripes, to purchase the Real Property as defined in
Schedule A of this Trust on the following terms and
conditions: The purchase price for the Real Property will
be $670, 000.00 payable in cash at closing free and clear
of all liens and encumbrances. The closing shall occur
within one (1) year after the death of the Grantor subject
to extension of time in order for the trust to resolve any
title claims or issues that may exist as it relates to the
Real Property…..The net profits from the sale of the
real property, after deducting the expenses of the sale
(the "Net Proceeds") shall be added to the
Residuary Trust Estate and distributed in accordance with
the provision of Section B below.
B) Residuary Trust Estate. Upon the death of the
Grantor, the Residuary Trust Estate shall be divided into
shares to create one share for each beneficiary named herein,