F.S. 46.021 tells us that “[n]o cause of action dies with the
Continue Reading Florida supreme court: casualty insurance claims are subject to Probate Code’s two-year non-claim statute
Do the same standards of conduct apply when appointing and removing a personal representative?
The same evidence that authorizes a probate judge to remove a personal
Continue Reading Do the same standards of conduct apply when appointing and removing a personal representative?
Why isn’t a will that’s valid in Louisiana also valid in Florida?
If you’re a Florida probate attorney, sooner or later you’re going to
Continue Reading Why isn’t a will that’s valid in Louisiana also valid in Florida?
Are handwritten wills valid in Florida?
Oral (nuncupative) wills and un-witnessed handwritten (holographic)
Continue Reading Are handwritten wills valid in Florida?
When is a homestead waiver … not a homestead waiver?
When does a court have continuing jurisdiction over a trust?
The procedural ground rules governing probate and trust litigation are very different.
Continue Reading When does a court have continuing jurisdiction over a trust?
Can your probate judge enforce your settlement agreement or do you have to file a new lawsuit?
The vast majority of cases settle. Whether those settlements are on balance
Continue Reading Can your probate judge enforce your settlement agreement or do you have to file a new lawsuit?
What’s it mean to challenge the “validity” of a will and why does it matter?
Declaratory judgment actions can be uniquely useful tools for probate practitioners;
Continue Reading What’s it mean to challenge the “validity” of a will and why does it matter?
LLC Operating Agreement vs Will. Who wins?
If ownership of a business asset is contested in an estate, the
Continue Reading LLC Operating Agreement vs Will. Who wins?
Is there a workaround to Florida’s inequitable treatment of middle-aged adults contesting paternity for the first time in probate?
Probate litigation often turns on a person’s claimed “status” as a decedent’s
Continue Reading Is there a workaround to Florida’s inequitable treatment of middle-aged adults contesting paternity for the first time in probate?