Probate courts can get reversed for refusing to appoint as personal representative
Continue Reading Another probate court gets reversed for failing to appoint the statutorily preferred personal representative
2010 legislative news: In dramatic break with the past new F.S. 732.805 gives families standing to challenge deathbed marriages
Deathbed marriages can be the ultimate weapon for those looking to prey
Continue Reading 2010 legislative news: In dramatic break with the past new F.S. 732.805 gives families standing to challenge deathbed marriages
Can a Venezuelan probate judgment govern a Florida probate proceeding?
Piloto v. Lauria, — So.3d —-, 2010 WL 4103017 (Fla. 4th
Continue Reading Can a Venezuelan probate judgment govern a Florida probate proceeding?
Trustee + guardianship litigation + NO evidence = reversal on all grounds
New statutory exception to hearsay rules makes it easier to establish validity of contested wills
In un-contested probate proceedings, there are all sorts of issues you
New legislation cures Florida’s “homestead trap” for widows and widowers and resolves conflicting judicial decisions regarding post-death disclaimers of homestead rights
Back in 2007 I wrote here about a provocative Florida Bar Journal
3d DCA: When can a judge ignore your Declaration Naming Preneed Guardian?
Magill v. Dresner, — So.3d —-, 2010 WL 3025111 (Fla. 3d
Continue Reading 3d DCA: When can a judge ignore your Declaration Naming Preneed Guardian?
1st DCA: Does Rule 1.525’s 30-day deadline for attorney’s fee motions apply to contested guardianship proceedings?
Price v. Austin, — So.3d —-, 2010 WL 3120212 (Fla. 1st
Can you prove a “lost will” with affidavits alone, or do you need live witnesses?
When you can and can’t use affidavits is one of those technical
Continue Reading Can you prove a “lost will” with affidavits alone, or do you need live witnesses?No estate tax in 2010 = potential probate litigation: Florida enacts statutory fix
Congress shocked everyone by letting the estate tax lapse in 2010. What
Continue Reading No estate tax in 2010 = potential probate litigation: Florida enacts statutory fix