As a general rule, a trust litigant can’t have it both ways:
Continue Reading When does the “renunciation” rule NOT apply in trust litigation?
The sins of our fathers. Does Florida’s “slayer rule” also disinherit a killer’s descendants?
This is the latest chapter in the battle over the fortune of
Continue Reading The sins of our fathers. Does Florida’s “slayer rule” also disinherit a killer’s descendants?
Can you challenge “joint” accounts and “POD” accounts on undue influence grounds in nonprobate inheritance cases?
In today’s world the vast majority of inherited wealth gets transferred from
Continue Reading Can you challenge “joint” accounts and “POD” accounts on undue influence grounds in nonprobate inheritance cases?2d DCA: What’s the “dependent relative revocation” doctrine and why should trusts and estates lawyers care?
Fla/3d DCA: What’s a “reasonably ascertainable” probate creditor and why should you care?
Golden v. Jones, — So.3d —-, 2015 WL 5727788 (Fla. October
Continue Reading Fla/3d DCA: What’s a “reasonably ascertainable” probate creditor and why should you care?
Is a “notarial will” that’s valid in Argentina also valid in Florida?
As long as we’ve had probate courts, people have been trying to
Continue Reading Is a “notarial will” that’s valid in Argentina also valid in Florida?
Advice to settling parties: GET IT IN WRITING!
One of the big selling points for settling disputes is finality: you
Continue Reading Advice to settling parties: GET IT IN WRITING!2015 legislative news: Florida overhauls its elder guardianship system
Most of the 2015 legislative changes to our Probate and Trust Codes
Continue Reading 2015 legislative news: Florida overhauls its elder guardianship system
When does a court lack “procedural jurisdiction” to appoint a guardian?
Adelman v. Elfenbein, — So.3d —-, 2015 WL 5026178 (Fla. 4
Continue Reading When does a court lack “procedural jurisdiction” to appoint a guardian?
When does a court have jurisdiction over a personal representative or trustee to impose a money judgment?
Section 731.105 of our Probate Code tells us that all probate matters
Continue Reading When does a court have jurisdiction over a personal representative or trustee to impose a money judgment?