Thorpe v. Myers, — So.3d —-, 2011 WL 2731937 (Fla. 2d
What happens when Formal Notice is given to a caveator, and the caveator fails to timely file responses and affirmative defenses?
When an interested person files a caveat to a will, F.S. §
Continue Reading What happens when Formal Notice is given to a caveator, and the caveator fails to timely file responses and affirmative defenses?
Can a posthumously conceived child be an intestate heir of your estate?
Advancements in assisted reproductive technology have created a class of children that
Continue Reading Can a posthumously conceived child be an intestate heir of your estate?
What’s the standard for setting aside a will on “insane delusion” grounds?
In a case concerning the “insane delusion” question, a mother thought that
Continue Reading What’s the standard for setting aside a will on “insane delusion” grounds?
4th DCA: How to plead breach of a “will contract” under Florida law
Shapiro v. Tulin, — So.3d —-, 2011 WL 1878014 (Fla. 4th
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When does the statute of limitations clock start ticking on a breach of trust lawsuit against a trustee?
Under F.S. 95.031, the statute of limitations period for most lawsuits
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5th DCA: No damages = no trustee surcharge action
Miller v. Miller, — So.3d —-, 2012 WL 1365064 (Fla. 5th
Continue Reading 5th DCA: No damages = no trustee surcharge action
4th DCA: Do traditional standards controlling the issuance of temporary injunctions or “freeze” orders apply in trust litigation?
Are evidentiary hearings required when removing a PR or refusing to appoint a PR with statutory priority?
Who serves as personal representative (PR) of an estate can have huge real-world consequences.
Continue Reading Are evidentiary hearings required when removing a PR or refusing to appoint a PR with statutory priority?3d DCA: Beneficiary’s “best interests” vs. Settlor’s conflicting “intent”: who wins?
Bellamy v. Langfitt, — So.3d —-, 2012 WL 385606 (Fla. 3d