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?
Can a co-op be homestead property? (Part II)
The key to understanding this case is recognizing that one word —
Continue Reading Can a co-op be homestead property? (Part II)
Child support claim vs. creditor protected trust. Who wins?
The creditor protected trust at the center of this case is a
Continue Reading Child support claim vs. creditor protected trust. Who wins?
