Oral (nuncupative) wills and un-witnessed handwritten (holographic)
Continue Reading Are handwritten wills valid in Florida?
When is a homestead waiver … not a homestead waiver?
When does a court have continuing jurisdiction over a trust?
The procedural ground rules governing probate and trust litigation are very different.
Continue Reading When does a court have continuing jurisdiction over a trust?
Can your probate judge enforce your settlement agreement or do you have to file a new lawsuit?
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?
What’s it mean to challenge the “validity” of a will and why does it matter?
Declaratory judgment actions can be uniquely useful tools for probate practitioners;
Continue Reading What’s it mean to challenge the “validity” of a will and why does it matter?
LLC Operating Agreement vs Will. Who wins?
If ownership of a business asset is contested in an estate, the
Continue Reading LLC Operating Agreement vs Will. Who wins?
Is there a workaround to Florida’s inequitable treatment of middle-aged adults contesting paternity for the first time in probate?
Probate litigation often turns on a person’s claimed “status” as a decedent’s
Continue Reading Is there a workaround to Florida’s inequitable treatment of middle-aged adults contesting paternity for the first time in probate?
Does Florida’s Slayer Statute require a murder conviction to apply?
Joaquin Perez had a life insurance policy with a death benefit of
Continue Reading Does Florida’s Slayer Statute require a murder conviction to apply?
Do you need a court order to file a late elective-share claim?
A surviving spouse’s right to an “elective share” reflects Florida’s
Continue Reading Do you need a court order to file a late elective-share claim?
If a married couple take title to their home jointly, does the deed have to say anything else to trigger the tenancy by the entireties (TBE) presumption?
Married couples take title to their homes in joint deeds all the
Continue Reading If a married couple take title to their home jointly, does the deed have to say anything else to trigger the tenancy by the entireties (TBE) presumption?