The popularity of revocable trusts and pour-over wills as “package deals” creates
Continue Reading Can you challenge the validity of a revocable trust without also contesting the pour-over will?
Can a revocable trust waive the creditor-exempt status of life insurance proceeds? And if in hindsight that turns out to be a mistake, can the trust be “reformed” to undo the waiver?
Are trustees entitled to due process prior to being removed?
It says it right in the trust code: trust litigation must be
Continue Reading Are trustees entitled to due process prior to being removed?
Of lost wills, cloud computing, and the vagaries of witness testimony
This is a lost will case. The pitfalls lurking under the surface of
Continue Reading Of lost wills, cloud computing, and the vagaries of witness testimonyEffective July 1, 2012, Florida now has post-divorce automatic nullification statute for beneficiary-designated non-probate assets such as life insurance, annuities, pay-on-death accounts, and retirement planning accounts
In 1951 Florida enacted a statute automatically cutting divorced spouses out of
Continue Reading Effective July 1, 2012, Florida now has post-divorce automatic nullification statute for beneficiary-designated non-probate assets such as life insurance, annuities, pay-on-death accounts, and retirement planning accounts
S.D. Tex: Unpaid taxes on $35 million gift + bad legal advice = personal liability for executor and trustee
United States v. MacIntyre, ___ F.Supp.2d ___, 2012 WL 2403491 (S.D.
Continue Reading S.D. Tex: Unpaid taxes on $35 million gift + bad legal advice = personal liability for executor and trustee
Can a condo subject to a 100 year lease = creditor protected homestead property for your heirs?
Once again we have a homestead case where the key to understanding
Continue Reading Can a condo subject to a 100 year lease = creditor protected homestead property for your heirs?2d DCA: If a probate will contest and a civil trust action involving the same facts are both pending, is the right answer to “abate” one of the cases or “consolidate” them into a single trial?
Can a valid written Will morph into an invalid “oral” Will?
In Florida, Wills have to be in writing; you can’t simply tell
Continue Reading Can a valid written Will morph into an invalid “oral” Will?