Title III of the Helms-Burton Act creates a private cause of action
Continue Reading Do dead people own property? Court says NO, dismisses Helms-Burton Act claims.
Can you challenge the revocation of a revocable trust on undue influence grounds? Statute says YES, 4th DCA says NO. I say … what?!
In 2011 the Florida legislature passed CS/HB 325, which, among other
Continue Reading Can you challenge the revocation of a revocable trust on undue influence grounds? Statute says YES, 4th DCA says NO. I say … what?!
Assessment of Older Adults with Diminished Capacity: A Handbook for Psychologists
A central issue driving most — if not all — will or
Continue Reading Assessment of Older Adults with Diminished Capacity: A Handbook for Psychologists
For out-of-wedlock children, what counts as a “written acknowledgment” of paternity?
Undue Influence: The Dutiful Child Exception
Most parents want to treat their children fairly in their estate planning,
Continue Reading Undue Influence: The Dutiful Child Exception
When can you litigate your inheritance case in federal court?
Prof. John Langbein recently wrote, “In modern American practice the state-operated
Continue Reading When can you litigate your inheritance case in federal court?
If a married couple transfers their tenants by the entireties (TBE) property to a joint trust, have they forfeited its creditor protection shield?
Defining Undue Influence
If you run a search for the term “undue influence” in Florida’s
When’s a creditor claim decided in the Probate Division, and when’s it decided in the Civil Division?
A few years ago Jonathan Galler published an excellent article in the
Continue Reading When’s a creditor claim decided in the Probate Division, and when’s it decided in the Civil Division?
Interview with an Elder Law Lawyer: Enrique Zamora
I recently reported on the Erlandsson v. Erlandsson decision and how the
Continue Reading Interview with an Elder Law Lawyer: Enrique Zamora