A few years ago Jonathan Galler published an excellent article in the
Continue Reading When’s a creditor claim decided in the Probate Division, and when’s it decided in the Civil Division?
Interview with an Elder Law Lawyer: Enrique Zamora
I recently reported on the Erlandsson v. Erlandsson decision and how the
Continue Reading Interview with an Elder Law Lawyer: Enrique Zamora
Partnership Agreement vs Will. Who wins?
If ownership of a business asset is contested in an estate, the
Continue Reading Partnership Agreement vs Will. Who wins?
What’s “Section 1782” and why should probate attorneys care?
Increasing numbers of people have connections with one country, but live and
Continue Reading What’s “Section 1782” and why should probate attorneys care?
What’s it take to rebut the presumption of undue influence?
F.S. 732.5165 tells us that a will (or any party of it)
Continue Reading What’s it take to rebut the presumption of undue influence?
Why isn’t a will that’s valid in Belgium also valid in Florida?
Florida is a magnet for people and foreign capital. Last year alone
Continue Reading Why isn’t a will that’s valid in Belgium also valid in Florida?
What’s the right way and the wrong way to litigate a revocable trust while the settlor’s alive?
Attorneys faced with elderly clients sliding into incapacity grapple with daunting ethical
Continue Reading What’s the right way and the wrong way to litigate a revocable trust while the settlor’s alive?
What’s the “origin of the claim” doctrine and why should trusts and estates litigators care?
Ever wonder why we don’t spend much time thinking about the income
Continue Reading What’s the “origin of the claim” doctrine and why should trusts and estates litigators care?
When to “decant” a trust. It’s getting easier to modify irrevocable trusts. Here’s how it works.
If you’re working with the trustee of an irrevocable trust that needs
Continue Reading When to “decant” a trust. It’s getting easier to modify irrevocable trusts. Here’s how it works.
Has all of Florida’s common law for modifying or terminating irrevocable trusts been replaced by statute?
Irrevocable trusts stay “irrevocable” only as long as everyone with a stake
Continue Reading Has all of Florida’s common law for modifying or terminating irrevocable trusts been replaced by statute?