Johnson v. Amritt, — So.3d —-, 2010 WL 4861745 (Fla. 3d DCA Dec
Continue Reading 3d DCA: Attorney’s fee order without supporting detailed findings is per se wrong and subject to reversal
New Probate & Trust Cases
Another probate court gets reversed for failing to appoint the statutorily preferred personal representative
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?