Creditor claims against an estate must be paid to the extent allowed
Continue Reading Is a Personal Representative personally liable for damages exceeding the value of the estate when caused by their breach of fiduciary duty?
Is a post-death arbitration award subject to our probate code’s ultra-short creditor filing deadlines?
Not all payment demands against a probate estate are created equal. Some
Continue Reading Is a post-death arbitration award subject to our probate code’s ultra-short creditor filing deadlines?
What’s the “probate exception” and why should trusts and estates litigators care?
There are all sorts of reasons for why you may want to
Continue Reading What’s the “probate exception” and why should trusts and estates litigators care?
Are real property title disputes probate creditor “claims”?
If you’re going to sue a decedent’s probate estate, the first question
Continue Reading Are real property title disputes probate creditor “claims”?
Florida supreme court: casualty insurance claims are subject to Probate Code’s two-year non-claim statute
F.S. 46.021 tells us that “[n]o cause of action dies with the
Continue Reading Florida supreme court: casualty insurance claims are subject to Probate Code’s two-year non-claim statute
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?
If a married couple transfers their tenants by the entireties (TBE) property to a joint trust, have they forfeited its creditor protection shield?
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?
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?
Can you sue a fictitious “John Doe” instead of a deceased party’s actual court-appointed personal representative?
To be clear, under Florida law there’s no such thing as a
Continue Reading Can you sue a fictitious “John Doe” instead of a deceased party’s actual court-appointed personal representative?