The nature and extent of the fiduciary duties — if any —
Continue Reading Does a trustee’s lawyer owe fiduciary duties to the trust’s beneficiaries?
Lessons from “Clarity on Capacity”: A UK-law perspective on the unique ethical challenges faced by estate planners representing clients with diminished capacity
Florida ethics Rule 4-1.14 and its ABA model-rules counterpart, Rule 1.14, address
Continue Reading Lessons from “Clarity on Capacity”: A UK-law perspective on the unique ethical challenges faced by estate planners representing clients with diminished capacity
Can you be found guilty of “defalcation” for billing a client in accordance with Florida’s statutory fee schedule?
If there’s anyone out there that still believes F.S. 733.6171 (the probate
Continue Reading Can you be found guilty of “defalcation” for billing a client in accordance with Florida’s statutory fee schedule?
Does a successor PR have standing to sue a prior PR’s attorney for malpractice?
There’s nothing like the threat of a malpractice suit to focus the
Continue Reading Does a successor PR have standing to sue a prior PR’s attorney for malpractice?Does judge’s independent investigation of facts in guardianship proceeding = disqualification?
Effective October 1, 2013, if a lawyer improperly writes himself into his client’s will, the bequest is automatically void as a matter of law under new F.S. 732.806
Fla. S.Ct: Lawyer + Dishonesty as PR and Trustee = Disbarment
The Florida Bar v. Swann, — So.3d —-, 2013 WL 3064813
Continue Reading Fla. S.Ct: Lawyer + Dishonesty as PR and Trustee = Disbarment
4th & 2d DCA on “in camera” review of privileged documents in probate litigation
If you’re an estate planner, it’s only a matter of time until someone
Continue Reading 4th & 2d DCA on “in camera” review of privileged documents in probate litigation
Estate planners beware: to err is human, but the cover up can land you in jail
The competitive pressures and technical complexities of a sophisticated estate planning practice
Continue Reading Estate planners beware: to err is human, but the cover up can land you in jail