One of the basic building blocks of modern Florida estate planning is
Continue Reading When does the probate look through rule apply, and why should you care?
Do dead people own property? Court says NO, dismisses Helms-Burton Act claims.
Title III of the Helms-Burton Act creates a private cause of action
Continue Reading Do dead people own property? Court says NO, dismisses Helms-Burton Act claims.
Can you challenge the revocation of a revocable trust on undue influence grounds? Statute says YES, 4th DCA says NO. I say … what?!
In 2011 the Florida legislature passed CS/HB 325, which, among other
Continue Reading Can you challenge the revocation of a revocable trust on undue influence grounds? Statute says YES, 4th DCA says NO. I say … what?!
Assessment of Older Adults with Diminished Capacity: A Handbook for Psychologists
A central issue driving most — if not all — will or
Continue Reading Assessment of Older Adults with Diminished Capacity: A Handbook for Psychologists
For out-of-wedlock children, what counts as a “written acknowledgment” of paternity?
Undue Influence: The Dutiful Child Exception
Most parents want to treat their children fairly in their estate planning,
Continue Reading Undue Influence: The Dutiful Child Exception
When can you litigate your inheritance case in federal court?
Prof. John Langbein recently wrote, “In modern American practice the state-operated
Continue Reading When can you litigate your inheritance case in federal court?
If a married couple transfers their tenants by the entireties (TBE) property to a joint trust, have they forfeited its creditor protection shield?
Defining Undue Influence
If you run a search for the term “undue influence” in Florida’s
When’s a creditor claim decided in the Probate Division, and when’s it decided in the Civil Division?
A few years ago Jonathan Galler published an excellent article in the
Continue Reading When’s a creditor claim decided in the Probate Division, and when’s it decided in the Civil Division?