A surviving spouse’s right to an “elective share” reflects Florida’s
Continue Reading Do you need a court order to file a late elective-share claim?
If a married couple take title to their home jointly, does the deed have to say anything else to trigger the tenancy by the entireties (TBE) presumption?
Married couples take title to their homes in joint deeds all the
Continue Reading If a married couple take title to their home jointly, does the deed have to say anything else to trigger the tenancy by the entireties (TBE) presumption?
Florida needs to adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
In our increasingly mobile society, adult guardianships often involve more than one
Continue Reading Florida needs to adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
What’s the probate look through rule and why should I care?
One of the basic building blocks of modern estate planning in Florida
Continue Reading What’s the probate look through rule and why should I care?
Do dead people own property? Court says NO, dismisses Helms-Burton Act claims.
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?