First filed in 2014, this contested guardianship proceeding has dragged on in
Continue Reading A civil dispute over guardianship
When do you have to give notice if you’re trying to get your attorney’s fees paid from a trust under F.S. 736.1005?
If you’re the trustee of a trust, F.S. 736.0816(20) tells us you’re
Continue Reading When do you have to give notice if you’re trying to get your attorney’s fees paid from a trust under F.S. 736.1005?
Court says YES to $24.6 million in trustee fees; NO to hourly billing
We can all agree hourly billing is a terrible way to do
Continue Reading Court says YES to $24.6 million in trustee fees; NO to hourly billingWhen does a probate judge have “personal” jurisdiction over a personal representative or trustee?
Section 731.105 of our Probate Code tells us that all probate matters
Continue Reading When does a probate judge have “personal” jurisdiction over a personal representative or trustee?
Can a trial judge assess over $85,000 in attorneys fees against beneficiaries for suing a trustee who committed “numerous breaches” of fiduciary duty?
The default rule in most civil trials is that win or lose,
Continue Reading Can a trial judge assess over $85,000 in attorneys fees against beneficiaries for suing a trustee who committed “numerous breaches” of fiduciary duty?
Can winning a “defalcation” ruling in a bankruptcy proceeding against your former probate lawyer end up immunizing his insurance carrier from liability?
Complex estate litigation usually doesn’t get resolved in a single winner-take-all trial.
Continue Reading Can winning a “defalcation” ruling in a bankruptcy proceeding against your former probate lawyer end up immunizing his insurance carrier from liability?
Can you be found guilty of “defalcation” for billing a client in accordance with Florida’s statutory fee schedule?
If there’s anyone out there that still believes F.S. 733.6171 (the probate
Continue Reading Can you be found guilty of “defalcation” for billing a client in accordance with Florida’s statutory fee schedule?Probate judge to personal representatives: “there is a higher power that [you’re] accountable to and, short of God, that’s me.” 4th DCA says not so fast.
4th DCA: Does Rule 1.525′s 30-day deadline apply in adversary probate proceedings?
Stone v. Stone, — So.3d —-, 2014 WL 537547 (Fla. 4th
Continue Reading 4th DCA: Does Rule 1.525′s 30-day deadline apply in adversary probate proceedings?
$1.2 million trustee fee dispute snowballs into across-the-board indictment of trustee’s tenure resulting in whopping $5.3 million adverse judgment
This case was 12 years in the making. Starting with the settlor’s
Continue Reading $1.2 million trustee fee dispute snowballs into across-the-board indictment of trustee’s tenure resulting in whopping $5.3 million adverse judgment