Florida Probate & Trust Litigation Blog : Florida Probate Litigation, Will Contest Lawyer & Attorney : Juan C. Antúnez : Serving Miami, Jacksonville, Tampa Saint Petersburg, Orlando, Fort Lauderdale

Click here for a PDF copy of the Agenda and related Reports/White Papers for the upcoming meeting of the Florida Bar's Probate & Trust Litigation Committee at the Ritz Carlton in Key Biscayne on Friday, September 19 from 10 a.m. to 12 noon.  Any questions/comments regarding the meeting and the linked-to materials should be directed to the committee chair: William ("Bill") T. Hennessey.

Bill's email below povides greater detail on the focus of the upcoming meeting:

At the meeting, we will, once again, focus on the spousal rights legislation with the hope that we can pass a final version at the meeting or, at least, move closer in that direction. I have included in the package written comments which I have received from Joel Sharp and Edward Downey. Eric Virgil will also continue his presentation on motions to tax fees and costs in estate and trust proceedings.

We have added a new segment- a case law update- which will be presented at this meeting by Tattiana Brenes-Stahl. I would like a volunteer to present the case law update for our next meeting in Tallahassee. If you are interested, please let me know. Tattiana will be circulating her materials by separate e-mail (or bringing them to the meeting).

For those of you who cannot make it in person, shame on you. The call-in number is 866 - 411 - 5140 Conference ID 69655328. While you are on the telephone, please no eating, typing, yelling at your secretary, or making unnecessary noises in the background. I kindly request that you place your line on mute when you are not speaking. I will try to bring our speakers closer to the phone.

Look forward to seeing you in Key Biscayne. Many thanks.

William T. Hennessey
Gunster, Yoakley & Stewart, P.A.
777 S. Flagler Dr.
Suite 500 E
West Palm Beach, FL 33401
(561) 650-0663 telephone
(561) 655-5677 fax

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Click here for a PDF copy of the Agenda and related Reports/White Papers for the upcoming meeting of the Florida Bar's Probate & Trust Litigation Committee on Thursday, July 24, 2008 from 3:00 p.m. to 5 p.m. at the Breakers in Palm Beach County.  These materials are an excellent way to keep up on the latest probate-related developments that could affect you, your firm or your clients.  Any questions/comments regarding the meeting and the linked-to materials should be directed to the committee chair: William ("Bill") T. Hennessey.

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Click here for a PDF copy of the Agenda and related Reports/White Papers for the Probate and Trust Litigation Committee Meeting in Bonita Springs on May 22, 2008. I found the following legislative items especially interesting:

• Corporate trustees should be happy with the new legislation being proposed in House Bill 435 [Agenda ITEM 2]. This bill would make the following changes to Florida's Trust Code:

1. F.S. 763.0703(7) would be amended to provide for the type of "directed trusts" banks and trust companies have been lobbying for. Click here for the back story on this issue.
2. F.S. 736.0802(10) would be amended to make it much more difficult to cut off a trustee's access to trust funds to pay attorney's fees when being sued for breach of trust. Click here for an example of the type anti-trustee ruling this legislation is attempting to block.
3. F.S. 736.1008 would be amended to set new outside time limits on when a beneficiary could sue a trustee for breach of trust.

• It looks like the proposed new rule giving heirs standing to challenge a deathbed marriage on the grounds of fraud, duress or undue influence I previously wrote about [click here] is coming up for a vote [Agenda ITEM 4]. This is good public policy, I hope it becomes law soon.
  

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Click here for a PDF copy of the Agenda and related Reports/White Papers for the upcoming meeting of the Florida Bar's Probate & Trust Litigation Committee.  These materials are an excellent way to keep up on the latest probate-related developments that could affect you, your firm or your clients.  I found the following items to be especially interesting:

New Legislation:

Fiduciary Lawyer-Client Privilege: [ITEM 3]

New F.S. 90.5021 is being proposed to address the attorney-client privilege issues I wrote about here.

Payment of trustee's fees from trust assets: [ITEM 4]

A revision to F.S. 736.0802(10) is being proposed to address the conflict-of-interest issues that come up when a trustee uses trust assets to pay for his legal defense in a breach of trust lawsuit.  I recently wrote about this here.

White Papers:

Collateral Attack on the Validity of A Marriage after Death Based Upon Undue Influence:  [ITEM 6]

No jury trial in breach of trust action: [ITEM 8]

Questions/comments regarding the meeting and the linked-to materials should be directed to the committee chair: William ("Bill") T. Hennessey.

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Below is a copy of the email announcing the last Probate and Trust Litigation Committee meeting.  I apologize for not posting this sooner, but a very hectic trial schedule kept me away from the blog last week.  Regardless, my principal reason for posting these announcements is to disseminate the attached reports/White Papers.

The committee meeting Agenda and Minutes contain the following reports/White Papers:

• Fiduciary Lawyer-Client Privilege: Approved by EC [ITEM 3]
• Arbitration clause in a will or trust is enforceable. Passed in Legislature 2007-HB 311 [ITEM 3]
• Exculpatory clause in a will: Passed in Legislature 2007 –HB 311[ITEM 3]
• Payment of trustee’s fees from trust assets: Pending approval of EC [ITEM 4]
• Crafting an appellate rule on which Orders are Appealable in a Probate Proceeding? Sean Kelley, Tom Karr, Peter Sachs [ITEM 5] (Appellate Rule Project - White Paper.pdf)
• Collateral Attack on the Validity of A Marriage after Death Based Upon Undue Influence Bill Hennessey, Laura Sundberg, Russ Snyder [ITEM 6]
• Revisions to Rule 1.525 concerning 30 day time limit for filing a motion for attorneys’ fees [ITEM 7] Angela Adams, Eric Virgil, Laura Sundberg (R. 1.525 - Taxation of fees.pdf, Family Law 12.525.pdf)
• ACTEC Model Arbitration Legislation. [ITEM 8] Bob Goldman

Questions/comments regarding the meeting should be directed to the committee chair: Jack A. Falk

From: Falk, Jack A. [mailto:jfalk@dwl-law.com]
Sent: Monday, May 21, 2007 7:10 PM
To: Falk, Jack A.
Subject: Probate and Trust Litigation Committee meeting on Thursday, May 24, 2007 at 4:00 p.m. in Hollywood, Florida


Dear Committee Members,

The Probate and Trust Litigation Committee will be meeting from 4:00 to 6:00 p.m. on Thursday, May 24, 2007 at the Westin/Diplomat in Hollywood, Florida, in conjunction with the Real Property, Probate and Trust Law Section's Executive Council meeting. Attached please find the Agenda and Minutes with pdf attachments that are part of the Agenda materials for the meeting.

I look forward to seeing you at the meeting! Jack

<<Appellate Rule Project - White Paper.pdf>> <<R. 1.525 - Taxation of fees.pdf>> <<Family Law 12.525.pdf>> <<Agenda and minutes May 2007.pdf>>

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I'm rarely able to physically go to these meetings, but I always find time to read the excellent materials circulated to members prior to each meeting.  I also find these materials to be the best way to keep track of new legislation affecting the trusts and estates practice area.  If you read Jack Falk's e-mail and the attached Agenda and Minutes for this meeting you'll find discussions related to the following topics, all of which should be of interest to any Florida trusts and estates litigator:

• Fiduciary Lawyer-Client Privilege: Approved by EC [ITEM 3]
• Arbitration clause in a will or trust is enforceable: Approved by EC [ITEM 3]
• Exculpatory clause in a will: Approved by EC [ITEM 3]
• Payment of trustee’s fees from trust assets: Pending approval of EC [ITEM 4]
• Which Orders Can Be Appealed in a Probate Proceeding? [ITEM 5] (see White Paper)
• Revisions to Rule 1.525 concerning 30 day time limit for filing a motion for attorneys’ fees [ITEM 6]
• ACTEC Model Arbitration Legislation. [ITEM 7]

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If your practice involves contested probate or trust matters, you would do well to keep abreast of the legislative proposals being considered by the Probate and Trust Litigation Committee.  For example, key legislative items currently under consideration are the following:

• The Committee is considering new legislation that would build on (or perhaps detract from?) existing statutory law addressing when a trustee being sued for breach of trust may pay his or her legal defense fees with trust assets without a prior authorizing court order.  This statute addresses issues raised in a recent case I previously wrote about here.
• The Committee is considering new legislation that would statutorily reverse Florida case law holding that in some circumstances communications between a trustee and his or her attorney are not privileged.  This statute addresses issues raised in a case I previously wrote about here.
• The Committee is considering new legislation that would statutorily recognize the enforceability of arbitration clauses in wills and trusts.

The meeting agenda contains several white papers and proposed statutes being considered by the Committee.  The following is the Committee chair's email circulating the linked-to agenda document.  All inquiries should be directed to Jack Falk at the email address provided below.

 >>> "Falk, Jack A." <jfalk@dwl-law.com> 09/26/06 09:24AM >>>
Dear Committee Members,

The Probate and Trust Litigation Committee will be meeting from 10:00 a.m. to Noon on Friday, September 29, 2006, at Gaylord Palms hotel in Kissimmee, Florida, in conjunction with the Real Property, Probate and Trust Law Section's Executive Council meeting. Attached please find
the Agenda and Minutes for the meeting.

I anticipate that we will spend a substantial part of the meeting working through the proposed legislation on payment of attorneys' fees from trust assets by a trustee accused of breach of
trust.

Attached is the Agenda for the meeting.

I look forward to seeing you in Kissimmee! Jack

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The Probate and Trust Litigation Committee will be meeting from 10:30 a.m. to 12:15 p.m. on Thursday, August 10, 2006, at The Breakers on Palm Beach, Florida, in conjunction with the Real Property, Probate and Trust Law Section's Executive Council meeting.  Committee Chair Jack Falk circulated two emails, which contain detailed memoranda addressing several legislative items that should be especially interesting to probate litigators.  Even if you have no intention of attending, the committee materials alone are worthwhile reading.

The following materials have been circulated for the meeting:

• <<Agenda and Minutes August 2006.doc>>
• <<REPORT OF TESTAMENTARY CAPACITY SUBCOMMITTEEAUGUST 10 2006.doc>>
• <<Memo.7.24.06.pdf>>
• <<Florida Bar Diminished Capacity Memo - Jack Falk.DOC>>
• <<Exhibits.pdf>>

To read Jack's emails simply click the "Continue Reading" button below.

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Miami Attorney Jack A. Falk, Jr., Chair of the Probate and Trust Litigation Committee of the Florida Bar, distributed this agenda as well as this memorandum in connection with the following pending and proposed legislative initiatives discussed at the August 18, 2005 litigation committee meeting:

• Repeal of the Deadperson's Statute.
• Contestability of Revocable Trusts. Status of proposed amendments to sections 737.2065, 744.331 and 744.441, Florida Statutes.
• Fiduciary Lawyer-Client Privilege.
• Enforcing arbitration clauses in wills and trusts.
• Use of trust assets to pay attorneys' fees of the trustee in litigation against a beneficiary and proposed amendments to section 737.403, Florida Statutes.

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