Nelson v. Nelson, — So.3d —-, 2016 WL 7322546 (Fla. 2d DCA December 16, 2016)
Multi-generational irrevocable trusts (often referred to as “dynasty” trusts) have always been around, but changes to federal estate tax laws in the mid-1980s sparked …
4th DCA: Love and marriage in contested Florida guardianships
Smith v. Smith, — So.3d —-, 2016 WL 803625 (Fla. 4th DCA March 2, 2016) (reversed on appeal)
As Bette Davis once said, getting old ain’t for sissies. But it’s a whole lot easier if you’re …
Can Cayman Islands law determine the outcome of your post-divorce Florida probate proceeding?
International divorces that morph into multi-national probate proceedings can be especially challenging. Even if you’re litigating your case in Florida, the law governing your dispute is often multi-jurisdictional. Which means basic assumptions we all take for granted as Florida lawyers …
4th DCA: Can a surviving spouse’s $12.5 million “elective share” be reduced to pay attorney’s fees?
Blackburn v. Boulis, — So.3d —-, 2016 WL 231405 (Fla. 4th DCA January 20, 2016)
Gus Boulis was a spectacularly successful self-made millionaire with a sixth grade education whose life story was as colorful as it was improbable. And …
4th DCA says NO to “legal gymnastics” aimed at getting around Florida’s post-divorce automatic will-revocation statute
Carroll v. Israelson, — So.3d —-, 2015 WL 3999486 (Fla. 4th DCA July 01, 2015)
In 1951 Florida enacted a statute automatically cutting divorced spouses out of each others’ wills (currently at F.S. 732.507(2)). In 1989 Florida …
Does a surviving widow have “standing” to assert her predeceased husband’s homestead rights?
Lyons v. Lyons, — So.3d —-, 2014 WL 5460621 (Fla. 4th DCA October 29, 2014)
This is one of two cases published in 2014 involving litigated homestead rights and property deeded to a qualified personal residence trust (QPRT). …
Should post-nuptial waivers of homestead rights be assumed anytime spouses sign a joint deed?
Stone v. Stone, — So.3d —-, 2014 WL 5834826 (Fla. 4th DCA November 12, 2014)
Under Florida law a surviving spouse’s testamentary rights in the couple’s marital homestead residence are spelled out in Art. X, § 4(c) of the …
Surviving spouse’s Homestead Rights vs. ex-spouse’s contractual rights under Marital Settlement Agreement. Who wins?
Friscia v. Friscia, — So.3d —-, 2014 WL 4212689 (Fla. 2d DCA August 27, 2014)
It’s not unusual for marital settlement agreements (“MSAs”) to pop up as major players in contested probate proceedings (see here, here, here…
Interview with a Probate Lawyer: Frank T. Adams
Frank T. Adams of Dunwody White & Landon, P.A. in Coral Gables, Florida, was on the winning side of Kelley v. Kelley, an interesting 4th DCA opinion I wrote about here involving a collateral attack on a “quickie” Nevada …
4th DCA: What’s it take to collaterally attack a “quickie” Nevada divorce as part of a Florida inheritance dispute?
Kelley v. Kelley, — So.3d —-, 2014 WL 4427275 (Fla. 4th DCA September 10, 2014)
In this case a disinherited son contested his father’s estate on the grounds that his father wasn’t “legally” married at the time of his …