Ever wonder why lawsuits against trustees name them as defendants both in
Continue Reading Ever wonder why lawsuits against trustees name them as defendants both as trustees and individually?
Can a revocable trust agreement function as a deed?
As practitioners we use heuristics—mental shortcuts or “rules of thumb”—all the time
Continue Reading Can a revocable trust agreement function as a deed?
Will contests and evidentiary presumptions
“[P]ost mortem squabblings and contests on mental condition . . . have
Continue Reading Will contests and evidentiary presumptions
Is a Personal Representative personally liable for damages exceeding the value of the estate when caused by their breach of fiduciary duty?
Creditor claims against an estate must be paid to the extent allowed
Continue Reading Is a Personal Representative personally liable for damages exceeding the value of the estate when caused by their breach of fiduciary duty?
Is a post-death arbitration award subject to our probate code’s ultra-short creditor filing deadlines?
Not all payment demands against a probate estate are created equal. Some
Continue Reading Is a post-death arbitration award subject to our probate code’s ultra-short creditor filing deadlines?
Is $8.9 million a reasonable reserve amount for a removed trustee? Who decides? A judge or jury?
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?
Who decides who decides? Your trust protector or a judge?
It used to be so simple. Back in the day trust lawyers
Continue Reading Who decides who decides? Your trust protector or a judge?
If a non-resident dies with real estate in Florida, can your probate judge transfer your probate proceeding out of Florida?
Increasing numbers of people have connections with one country, but live and
Continue Reading If a non-resident dies with real estate in Florida, can your probate judge transfer your probate proceeding out of Florida?
Is a contractually required inheritance payment deductible for estate tax purposes?
It’s not uncommon for a trusts and estates litigator to wake up
Continue Reading Is a contractually required inheritance payment deductible for estate tax purposes?
Does a trustee’s breach of fiduciary duty — without evidence of fraud or malice — warrant punitive damages?
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?