The U.S. has the world’s highest rate of children living in single-parent
Continue Reading 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?
Interview with an Elder Law Lawyer: Enrique Zamora
I recently reported on the Erlandsson v. Erlandsson decision and how the
Continue Reading Interview with an Elder Law Lawyer: Enrique Zamora
Partnership Agreement vs Will. Who wins?
If ownership of a business asset is contested in an estate, the
Continue Reading Partnership Agreement vs Will. Who wins?
What’s “Section 1782” and why should probate attorneys care?
Increasing numbers of people have connections with one country, but live and
Continue Reading What’s “Section 1782” and why should probate attorneys care?
What’s it take to rebut the presumption of undue influence?
F.S. 732.5165 tells us that a will (or any party of
Continue Reading What’s it take to rebut the presumption of undue influence?