Peck v. Peck, 133 So.3d 587 (Fla. 2d DCA February 26,
Continue Reading Does Florida’s Trust Code limit — or expand upon — existing common law when it comes to terminating irrevocable trusts?
New Probate & Trust Cases
The Corcoran Gallery of Art’s trustees expertly manage the public advocacy facet of their case in support of requested “cy pres” court ruling
A lot’s changed in the over 100 years since William Corcoran executed…
Continue Reading The Corcoran Gallery of Art’s trustees expertly manage the public advocacy facet of their case in support of requested “cy pres” court ruling
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?
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?
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?