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
4th DCA: Can a woman who’s been adjudicated mentally incapacitated validly amend her revocable trust?
Jervis v. Tucker, — So.3d —-, 2012 WL 385518 (Fla. 4th
Continue Reading 4th DCA: Can a woman who’s been adjudicated mentally incapacitated validly amend her revocable trust?
What happens “in a twinkle of an eye”when homestead property’s invalidly devised?
Estate planners beware. As reported here by the WSJ, “When it comes
Continue Reading What happens “in a twinkle of an eye”when homestead property’s invalidly devised?2d DCA: Who has the burden of proving whether or not you’re a “reasonably ascertainable” creditor of the estate?
Lubee v. Adams, — So.3d —-, 2012 WL 163911 (Fla. 2d
Continue Reading 2d DCA: Who has the burden of proving whether or not you’re a “reasonably ascertainable” creditor of the estate?
Revenge of the disappointed heir: tortious interference with an expected inheritance
Saewitz v. Saewitz, — So.3d —-, 2012 WL 10854 (Fla. 3d
Continue Reading Revenge of the disappointed heir: tortious interference with an expected inheritance
Florida’s new Power of Attorney statutory regime makes its appellate court debut . . . the reviews are good
Rosenkrantz v. Feit, — So.3d —-, 2011 WL 6183525 (Fla. 3d
Continue Reading Florida’s new Power of Attorney statutory regime makes its appellate court debut . . . the reviews are good
Great expectations. Does a child have a property right in an expected future inheritance from a parent?
What “rights” do I have in an inheritance from my parents? Under
Continue Reading Great expectations. Does a child have a property right in an expected future inheritance from a parent?
What’s the “cy pres” doctrine, and why should Florida charities care?
We all know charities are struggling to stay afloat these days, which
Continue Reading What’s the “cy pres” doctrine, and why should Florida charities care?
4th DCA: Does an interest in a revocable trust vest when the trust is created or when the testator dies?
Darian v. Weymouth, — So.3d —-, 2011 WL 5554786 (Fla. 4th