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?
Creative Strategies for Defending Cases Involving Tortious Interference With Inheritance Expectation Claims
Dan Seigel is an experienced trusts and estates litigator who just published
Continue Reading Creative Strategies for Defending Cases Involving Tortious Interference With Inheritance Expectation Claims
What’s a “convenience account” and why should probate attorneys care?
In today’s world the vast majority of inherited wealth gets transferred from
Continue Reading What’s a “convenience account” and why should probate attorneys care?
Are trustees and beneficiaries of a decedent’s trust “interested persons” of his probate estate?
Our probate code uses the “interested person” concept to ensure that anyone
Continue Reading Are trustees and beneficiaries of a decedent’s trust “interested persons” of his probate estate?
Is the appointment of a personal representative a precondition to filing a rule 1.260 motion to substitute?
If you’re litigating a case and the defendant dies, the last thing
Continue Reading Is the appointment of a personal representative a precondition to filing a rule 1.260 motion to substitute?
Constructive Trust: Remedy, Cause of Action, or Both?
I was recently in a contested court hearing where a smart and
Continue Reading Constructive Trust: Remedy, Cause of Action, or Both?
Are Turkish testamentary marital property rights enforceable in Florida?
Choice-of-law problems involving marital property are relatively uncommon, but when they do
Continue Reading Are Turkish testamentary marital property rights enforceable in Florida?
Are assets of a decedent’s single-member LLC assets of her probate estate?
In probate proceedings how assets are titled is a big deal. While
Continue Reading Are assets of a decedent’s single-member LLC assets of her probate estate?
Can a posthumously conceived child be a beneficiary of your will?
Advancements in assisted reproductive technology have created a class of heirs that
Continue Reading Can a posthumously conceived child be a beneficiary of your will?