Faulkner v. Faulkner, — So.3d —-, 2011 WL 2937302 (Fla. 1st
Continue Reading 1st DCA: Who pays the examining committee’s fees when a petition to determine incapacity, filed in good faith, is ultimately dismissed?
New Probate & Trust Cases
5th DCA: Can a guardian for a minor ward create an annuity that restricts the ward’s access to her assets even after turning 18?
Hancock v. Share, — So.3d —-, 2011 WL 2650887 (Fla. 5th…
2d DCA: When are guardians and attorneys entitled to fees in contested guardianship proceedings?
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…
Continue Reading 4th DCA: How to plead breach of a “will contract” under Florida law
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…
Continue Reading When does the statute of limitations clock start ticking on a breach of trust lawsuit against a trustee?
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