The traditional rule is that an action for divorce is purely personal
Continue Reading If the judge adjudicating your divorce enters final judgment, but retains jurisdiction to decide property issues, does that jurisdictional authority evaporate if one of the parties to the original divorce proceeding dies?
New Probate & Trust Cases
Once a probate judge grants a motion to compel arbitration, can that same judge dismiss the claim because one side fails to initiate the arbitration proceeding on a timely basis?
Why any estate planner would in good conscience subject his or her…
Continue Reading Once a probate judge grants a motion to compel arbitration, can that same judge dismiss the claim because one side fails to initiate the arbitration proceeding on a timely basis?
Does a successor PR have standing to sue a prior PR’s attorney for malpractice?
There’s nothing like the threat of a malpractice suit to focus the…
Continue Reading Does a successor PR have standing to sue a prior PR’s attorney for malpractice?
Are a deceased son’s ashes “property” that’s subject to 50/50 partition between his divorced parents?
Burial disputes are gut wrenching affairs, and in my opinion (based on…
Continue Reading Are a deceased son’s ashes “property” that’s subject to 50/50 partition between his divorced parents?What litigators can learn from the OCC’s “Comptroller’s Handbook for Fiduciary Activities”
The fiduciary duty of care sets the minimum level of diligence and…
Continue Reading What litigators can learn from the OCC’s “Comptroller’s Handbook for Fiduciary Activities”
Does an adjudication of paternity = “adoption” for purposes of Florida’s pretermitted child statute?
In 2004 James Maher’s small twin-engine plane went missing somewhere over the…
Continue Reading Does an adjudication of paternity = “adoption” for purposes of Florida’s pretermitted child statute?DIY estate planning + technical execution defects = partial intestacy contrary to grantor’s “true” intent
Aldrich v. Basile, — So.3d —-, 2014 WL 1240073 (Fla. March…
Continue Reading DIY estate planning + technical execution defects = partial intestacy contrary to grantor’s “true” intent
When can a second wife subpoena confidential business records of a closely-held corporation founded by her deceased husband?
What divorce attorneys do and what trusts-and-estates lawyers do overlaps all the…
Continue Reading When can a second wife subpoena confidential business records of a closely-held corporation founded by her deceased husband?
If my will gives everything to one of my three sons to divide among my heirs as he sees fit, can he keep it all for himself?
What can Florida lawyers learn from the “Newell v. Johns Hopkins University” charitable donation case?
Tim Newell, the nephew of the late Elizabeth Banks, sued Johns Hopkins University…
Continue Reading What can Florida lawyers learn from the “Newell v. Johns Hopkins University” charitable donation case?