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?
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?If ownership of a business asset is contested in an estate, the…
Continue Reading LLC Operating Agreement vs Will. Who wins?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?Joaquin Perez had a life insurance policy with a death benefit of…
Continue Reading Does Florida’s Slayer Statute require a murder conviction to apply?
A surviving spouse’s right to an “elective share” reflects Florida’s…
Continue Reading Do you need a court order to file a late elective-share claim?
Married couples take title to their homes in joint deeds all the…
Continue Reading If a married couple take title to their home jointly, does the deed have to say anything else to trigger the tenancy by the entireties (TBE) presumption?In our increasingly mobile society, adult guardianships often involve more than one…
Continue Reading Florida needs to adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
One of the basic building blocks of modern estate planning in Florida…
Continue Reading What’s the probate look through rule and why should I care?Title III of the Helms-Burton Act creates a private cause of action…
Continue Reading Do dead people own property? Court says NO, dismisses Helms-Burton Act claims.
In 2011 the Florida legislature passed CS/HB 325, which, among other…
Continue Reading Can you challenge the revocation of a revocable trust on undue influence grounds? Statute says YES, 4th DCA says NO. I say … what?!