Lyons v. Lyons, — So.3d —-, 2014 WL 5460621 (Fla. 4th
Continue Reading Does a surviving widow have “standing” to assert her predeceased husband’s homestead rights?
New Probate & Trust Cases
Should post-nuptial waivers of homestead rights be assumed anytime spouses sign a joint deed?
Under Florida law a surviving spouse’s testamentary rights in the couple’s marital…
Continue Reading Should post-nuptial waivers of homestead rights be assumed anytime spouses sign a joint deed?
LLC Operating Agreement vs Revocable Trust. Who wins?
Do your contractual obligations have priority over your testamentary wishes in a…
Continue Reading LLC Operating Agreement vs Revocable Trust. Who wins?Can you sue a Spanish PR personally for showing up in a Miami courtroom in his representative capacity?
Florida is a perennial favorite for international home buyers and Snow Birds …
Continue Reading Can you sue a Spanish PR personally for showing up in a Miami courtroom in his representative capacity?
Can “trust protectors” be used to privatize Florida trust-construction disputes?
In what could be a ground breaking decision, for the very first…
Continue Reading Can “trust protectors” be used to privatize Florida trust-construction disputes?Ignorance of the law is no excuse. Just because you don’t know you’re legally entitled to trust accountings doesn’t mean you get sit on your hands for years before suing your trustee for never accounting to you.
We all know that, generally speaking, ignorance of the law is no…
Continue Reading Ignorance of the law is no excuse. Just because you don’t know you’re legally entitled to trust accountings doesn’t mean you get sit on your hands for years before suing your trustee for never accounting to you.
Can you prosecute an “unjust enrichment” claim in a case involving contested life insurance proceeds?
If you’re a trusts and estates lawyer, a larger and larger share…
Continue Reading Can you prosecute an “unjust enrichment” claim in a case involving contested life insurance proceeds?
Can you be found guilty of “defalcation” for billing a client in accordance with Florida’s statutory fee schedule?
If there’s anyone out there that still believes F.S. 733.6171 (the probate…
Continue Reading Can you be found guilty of “defalcation” for billing a client in accordance with Florida’s statutory fee schedule?Surviving spouse’s Homestead Rights vs. ex-spouse’s contractual rights under Marital Settlement Agreement. Who wins?
It’s not unusual for marital settlement agreements (“MSAs”) to pop up as…
Continue Reading Surviving spouse’s Homestead Rights vs. ex-spouse’s contractual rights under Marital Settlement Agreement. Who wins?
Interview with a Probate Lawyer: Frank T. Adams
Frank T. Adams of Dunwody White & Landon, P.A. in Coral Gables…
Continue Reading Interview with a Probate Lawyer: Frank T. Adams