Choice-of-law problems involving marital property are relatively uncommon, but when they do
Continue Reading Are Turkish testamentary marital property rights enforceable in Florida?
Do you need a court order to file a late elective-share claim?
A surviving spouse’s right to an “elective share” reflects Florida’s
Continue Reading Do you need a court order to file a late elective-share claim?
If a married couple take title to their home jointly, does the deed have to say anything else to trigger the tenancy by the entireties (TBE) presumption?
Married couples take title to their homes in joint deeds all the
Continue Reading If a married couple take title to their home jointly, does the deed have to say anything else to trigger the tenancy by the entireties (TBE) presumption?
A User’s Guide to Prosecuting Claims under Florida’s Uniform Disposition of Community Property Rights at Death Act
Under the Florida Uniform Disposition of Community Property Rights at Death Act
Continue Reading A User’s Guide to Prosecuting Claims under Florida’s Uniform Disposition of Community Property Rights at Death Act
Prenuptial agreement vs. revocable trust: who wins?
Prenuptial agreements get litigated all the time in probate proceedings. The challenge
Continue Reading Prenuptial agreement vs. revocable trust: who wins?
Does Florida’s post-divorce automatic revocation rule for Wills apply to fiancés?
In 1951 Florida added a provision to its Probate Code automatically cutting
Continue Reading Does Florida’s post-divorce automatic revocation rule for Wills apply to fiancés?
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?
Is a surviving spouse’s community-property claim subject to the filing deadlines for probate “creditor” claims?
Marriage, Guardianships . . . and the Power of Framing
Smith v. Smith, — So.3d —-, 2017 WL 3774702 (Fla. August
Continue Reading Marriage, Guardianships . . . and the Power of Framing
2017 legislative news: Big Changes to Florida’s Elective Share Statutes
If you’re a working probate attorney, elective share claims loom large in
Continue Reading 2017 legislative news: Big Changes to Florida’s Elective Share Statutes