There’s trouble brewing over a bank account and vacant lot “Widow” claims
Continue Reading Dramatically different evidentiary rules apply to “tenancy by the entireties” (TBE) cases involving personal property vs. real estate
Can you challenge the validity of a revocable trust without also contesting the pour-over will?
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?