As long as our state probate courts remain underfunded and overworked (see
Continue Reading For federal diversity jurisdiction, whose citizenship counts: the PR’s or the decedent’s?
4th DCA: When can a Florida probate judge say “no” to your choice of a non-Florida attorney to represent you in a contested Florida probate proceeding?
Is an “estate” a proper party in civil litigation?
You’ll often hear lawyers speak in terms of suing “the estate,” or
Continue Reading Is an “estate” a proper party in civil litigation?Why Fiduciary Law Is Equitable
Fiduciary relationships and the duties and liabilities that spring from those relationships
Continue Reading Why Fiduciary Law Is Equitable
4th DCA splits with 1st and 2nd DCA’s on when “reasonably ascertainable” creditor’s filing deadline begins to run
Golden v. Jones, — So.3d —-, 2013 WL 5810360 (Fla. 4th
Continue Reading 4th DCA splits with 1st and 2nd DCA’s on when “reasonably ascertainable” creditor’s filing deadline begins to run
Can $5 million gift to surviving spouse be conditioned on a prior waiver of her elective-share rights?
In the right circumstances, no-contest or in terrorem clauses can be effective
Continue Reading Can $5 million gift to surviving spouse be conditioned on a prior waiver of her elective-share rights?
If a Colorado court accepts a Colorado man’s un-witnessed handwritten will as valid, is the will valid in Florida?
4th/5th DCA: Promises, promises . . . Are oral agreements enforceable in inheritance disputes?
In the trusts and estates world, if it’s not in writing it
Continue Reading 4th/5th DCA: Promises, promises . . . Are oral agreements enforceable in inheritance disputes?
2d DCA: What’s the “renunciation” rule and when does it apply to will and trust contests?
Fintak v. Fintak, — So.3d —-, 2013 WL 4483103 (Fla. 2d
Continue Reading 2d DCA: What’s the “renunciation” rule and when does it apply to will and trust contests?