“[P]ost mortem squabblings and contests on mental condition . . . have
Continue Reading Will contests and evidentiary presumptions
“[P]ost mortem squabblings and contests on mental condition . . . have…
Continue Reading Will contests and evidentiary presumptions
If you’re a trustee, you can’t just quit and walk away leaving…
Continue Reading Is $8.9 million a reasonable reserve amount for a removed trustee? Who decides? A judge or jury?
It used to be so simple. Back in the day trust lawyers…
Continue Reading Who decides who decides? Your trust protector or a judge?
In 2022 the Florida Rules of Appellate Procedure changed to allow district…
Continue Reading Does a trustee’s breach of fiduciary duty — without evidence of fraud or malice — warrant punitive damages?
Dan Seigel is an experienced trusts and estates litigator who just published…
Continue Reading Creative Strategies for Defending Cases Involving Tortious Interference With Inheritance Expectation Claims
If you’re a Florida probate attorney, sooner or later you’re going to…
Continue Reading Why isn’t a will that’s valid in Louisiana also valid in Florida?
Oral (nuncupative) wills and un-witnessed handwritten (holographic)…
Continue Reading Are handwritten wills valid in Florida?
The procedural ground rules governing probate and trust litigation are very different.
Continue Reading When does a court have continuing jurisdiction over a trust?
The vast majority of cases settle. Whether those settlements are on balance…
Continue Reading Can your probate judge enforce your settlement agreement or do you have to file a new lawsuit?