There are all sorts of reasons for why you may want toContinue Reading What’s the “probate exception” and why should trusts and estates litigators care?
If you’re going to sue a decedent’s probate estate, the first question…Continue Reading Are real property title disputes probate creditor “claims”?
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
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?
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?
If ownership of a business asset is contested in an estate, the…Continue Reading Partnership Agreement vs Will. Who wins?
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?
The key to understanding this case is recognizing that one word —…Continue Reading Can a co-op be homestead property? (Part II)
The creditor protected trust at the center of this case is a…
Continue Reading Child support claim vs. creditor protected trust. Who wins?