In contested probate and trust proceedings, if you hear the word “
Continue Reading When does a probate judge NOT have jurisdiction over contested property?
Can you sue a Florida trust protector for breach of fiduciary duty?
Over the last few years there’s been a trend towards wider use
Continue Reading Can you sue a Florida trust protector for breach of fiduciary duty?
Can a trial judge assess over $85,000 in attorneys fees against beneficiaries for suing a trustee who committed “numerous breaches” of fiduciary duty?
The default rule in most civil trials is that win or lose,
Continue Reading Can a trial judge assess over $85,000 in attorneys fees against beneficiaries for suing a trustee who committed “numerous breaches” of fiduciary duty?
4th DCA says NO to “legal gymnastics” aimed at getting around Florida’s post-divorce automatic will-revocation statute
Can a ward sue the attorney for his former court-appointed guardian for malpractice?
The general trend in Florida (especially in the trusts and estates
Continue Reading Can a ward sue the attorney for his former court-appointed guardian for malpractice?
Can winning a “defalcation” ruling in a bankruptcy proceeding against your former probate lawyer end up immunizing his insurance carrier from liability?
Complex estate litigation usually doesn’t get resolved in a single winner-take-all trial.
Continue Reading Can winning a “defalcation” ruling in a bankruptcy proceeding against your former probate lawyer end up immunizing his insurance carrier from liability?
California court invalidates power of appointment; disinherited heir gets 1/3 of $55M trust
Assume you have a case involving a $55 million trust created under
Continue Reading California court invalidates power of appointment; disinherited heir gets 1/3 of $55M trust
Is Florida’s trust-reformation statute limited to only fixing “simple scrivener’s errors”?
When it comes to wills and trusts, drafting mistakes come in all
Continue Reading Is Florida’s trust-reformation statute limited to only fixing “simple scrivener’s errors”?
Will a faith-based arbitration clause disqualify your trust for tax purposes?
Faith-based arbitration clauses are legally enforceable. See Spivey v. Teen Challenge of
Continue Reading Will a faith-based arbitration clause disqualify your trust for tax purposes?4th DCA: Is a spousal undue influence claim viable under Florida law?
Blinn v. Carlman, — So.3d —-, 2015 WL 1223665 (Fla. 4th
Continue Reading 4th DCA: Is a spousal undue influence claim viable under Florida law?