Souder v. Malone, — So.3d —-, 2014 WL 3756356 (Fla. 5th
Continue Reading 5th DCA notes conflict with 4th DCA while siding with 1st and 2nd DCA’s on when “reasonably ascertainable” creditor’s filing deadline begins to run; issue to be decided by Florida Supreme Court
Creditors' Claims
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?
The traditional rule is that an action for divorce is purely personal…
Continue Reading 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?
Asset protection planning = DANGER FOR LAWYERS
Asset protection planning’s a high risk practice area that many estate planners…
Continue Reading Asset protection planning = DANGER FOR LAWYERS
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?
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…
Continue Reading 4th DCA splits with 1st and 2nd DCA’s on when “reasonably ascertainable” creditor’s filing deadline begins to run
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…
Continue Reading 4th/5th DCA: Promises, promises . . . Are oral agreements enforceable in inheritance disputes?
4th DCA: New York creditor’s claim vs. Florida ancillary estate: whose statute of limitations periods apply: NY or FL?
Florida spendthrift trust survives creditor’s constitutional challenge
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?
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…
Continue Reading 2d DCA: Who has the burden of proving whether or not you’re a “reasonably ascertainable” creditor of the estate?