Lauritsen v. Wallace, — So.3d —-, 2011 WL 1195873 (Fla. 5th
Continue Reading 5th DCA: Can a decedent release a debt owed to him through a debt forgiveness clause in his will if his estate is insolvent?
New Probate & Trust Cases
Trustees as investment managers: It’s not whether you win or lose, it’s how you play the game
The statue at the heart of the Figel case is F.S. 518.11…
Continue Reading Trustees as investment managers: It’s not whether you win or lose, it’s how you play the game
Are the assets of an LLC assets of the probate estate?
Most civil litigators (and judges) spend most of their professional lives involved…
Continue Reading Are the assets of an LLC assets of the probate estate?
Can you time an elective share claim to gain an advantage in bankruptcy?
In re Miller, — B.R. —-, 2010 WL 5184798 (Bkrtcy.S.D.Fla.2010)
Assume…
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What is a Totten Trust?
Beane v. Suntrust Banks, Inc., — So.3d —-, 2010 WL 4483472…
Continue Reading What is a Totten Trust?
1st DCA: Suing over life insurance policy’s change-of-beneficiary forms? Better read the contract
O’Brien v. McMahon, — So.3d —-, 2010 WL 3909644 (Fla. 1st…
Continue Reading 1st DCA: Suing over life insurance policy’s change-of-beneficiary forms? Better read the contract
Does homestead property in marital trust lose its creditor protection?
This is the second time the 3d DCA has weighed in on…
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Great charts summarizing new Estate, Gift and GST Tax rules
On December 17, 2010, President Obama signed H.R. 4853, the Middle…
Continue Reading Great charts summarizing new Estate, Gift and GST Tax rules
4th DCA: If you want to get a court order compelling someone to deposit a will, do you have to give that person notice of the hearing and an opportunity to be heard?
3d DCA: Are gifts to in-laws saved by Florida’s anti-lapse statute?
Lorenzo v. Medina, — So.3d —-, 2010 WL 4483470 (Fla. 3d…
Continue Reading 3d DCA: Are gifts to in-laws saved by Florida’s anti-lapse statute?