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?
Does Florida’s Slayer Statute require a murder conviction to apply?
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?
Do you need a court order to file a late elective-share claim?
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?
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?
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?
Florida needs to adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
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
What’s the probate look through rule and why should I care?
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?
Do dead people own property? Court says NO, dismisses Helms-Burton Act claims.
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.
Can you challenge the revocation of a revocable trust on undue influence grounds? Statute says YES, 4th DCA says NO. I say … what?!
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?!