Souder v. Malone, — So.3d —-, 2014 WL 3756356 (Fla. 5th DCA August 01, 2014)
Assuming I file my creditor claim before the 2-year post-death deadline set by F.S. 733.710 (Florida’s “statute of repose” for probate creditor …
2d DCA: If the judge adjudicating your divorce enters final judgment, but retains jurisdiction to decide property issues, does that jurisdictional authority evaporate if one of the parties to the original divorce proceeding dies?
Passamondi v. Passamondi, — So.3d —-, 2014 WL 228648 (Fla. 2d DCA January 22, 2014)
The traditional rule is that an action for divorce is purely personal in nature and that the death of one of the parties causes …
Asset protection planning = DANGER FOR LAWYERS
Asset protection planning’s a high risk practice area that many estate planners “dabble” in. In my opinion, that’s a big mistake. Why? Because this kind of work is a minefield of potential liability for lawyers, no matter how careful you …
Does F.S. 56.29 give a Florida court personal jurisdiction over a Kentucky trustee absent a basis for personal jurisdiction under Florida’s long-arm statute?
Jarboe Family and Friends Irrevocable Living Trust v. Spielman, — So.3d —-, 2014 WL 185215 (Fla. 2d DCA January 17, 2014)
This case involved a Florida judgment creditor trying to sue a Kentucky trustee/trust in Florida. The Kentucky trustee …
4th DCA splits with 1st and 2nd DCA’s on when “reasonably ascertainable” creditor’s filing deadline begins to run
Golden v. Jones, — So.3d —-, 2013 WL 5810360 (Fla. 4th DCA October 30, 2013)
So here’s the question that’s been roiling certain quarters of our probate bar for the last few years: Assuming I file my creditor claim …
4th/5th DCA: Promises, promises . . . Are oral agreements enforceable in inheritance disputes?
In the trusts and estates world, if it’s not in writing it usually doesn’t count. We all know wills have to be in writing, F.S. 732.502, and the same goes for most trusts, F.S. 736.0403(2). And most of …
4th DCA: New York creditor’s claim vs. Florida ancillary estate: whose statute of limitations periods apply: NY or FL?
Staum v. Rubano, — So.3d — , 2013 WL 4081055 (Fla. 4th DCA August 14, 2013)
If you’re domiciled in one state at death (say New York), but own real property in another state (say Florida), your estate may …
Florida spendthrift trust survives creditor’s constitutional challenge
Zlatkiss v. All America Team Concepts, LLC, — So.3d —-, 2013 WL 2359108 (Fla. 5th DCA May 31, 2013)
If a creditor’s going to successfully pierce a debtor’s corporate veil, it’s usually because the debtor operated his corporation …
Can a revocable trust waive the creditor-exempt status of life insurance proceeds? And if in hindsight that turns out to be a mistake, can the trust be “reformed” to undo the waiver?
Morey v. Everbank, — So.3d —-, 2012 WL 3000608 (Fla. 1st DCA July 24, 2012)
Florida has a well earned reputation for being almost ridiculously generous when it comes to creditor protection. Our unlimited homestead protection usually gets most …
2d DCA: Who has the burden of proving whether or not you’re a “reasonably ascertainable” creditor of the estate?
Lubee v. Adams, — So.3d —-, 2012 WL 163911 (Fla. 2d DCA January 20, 2012)
Are you a “reasonably ascertainable” creditor or not? If the answer is YES, then under F.S. 733.710 you have up to 2 years after …