McMullen v. Bennis, — So.3d —-, 2009 WL 2837426 (Fla. 3d
Continue Reading Can you decide a virtual adoption claim before you fully litigate a related will contest?
Determining a trust settlor’s “blood descendants”: The lessons of legal history vs. DNA testing
As DNA testing becomes evermore widespread, Florida probate judges and practitioners alike
Continue Reading Determining a trust settlor’s “blood descendants”: The lessons of legal history vs. DNA testing
When does a surviving spouse’s “elective share” take an estate-tax hit?
The decedent at the heart of this probate battle, Konstantinos “Gus” Boulis
Continue Reading When does a surviving spouse’s “elective share” take an estate-tax hit?
2d DCA: Do you have to both “file” and “serve” to beat the 3-month limitations period for will contests?
Aguilar v. Aguilar, — So.3d —-, 2009 WL 2169133 (Fla. 2d
4th DCA: An order simply “granting” a summary judgment motion isn’t worth the paper it’s written on
Rust v. Brown, — So.3d —-, 2009 WL 2031288 (Fla. 4th
Continue Reading 4th DCA: An order simply “granting” a summary judgment motion isn’t worth the paper it’s written on
Is Florida’s 3% annual homestead property tax cap constitutional?
Lanning v. Pilcher, — So.3d —-, 2009 WL 1941210 (Fla. 1st
Continue Reading Is Florida’s 3% annual homestead property tax cap constitutional?
3d DCA: How to value FLPs in probate litigation: “fair value” vs. “fair market vaue”
Zoldan v. Zohlman, — So.3d —-, 2009 WL 1310995 (Fla. 3d
4th DCA: How far can you cut attorney fees before it’s an abuse of discretion?
When can a probate judge shift the winning side’s attorney’s fees against one of the estate’s beneficiaries for wrongful conduct, bad faith, or frivolousness?
In the commercial litigation context F.S. § 57.105 is a powerful tool
Continue Reading When can a probate judge shift the winning side’s attorney’s fees against one of the estate’s beneficiaries for wrongful conduct, bad faith, or frivolousness?
4th DCA says NO to lien on homestead property to pay curator’s attorney’s fees
Herrilka v. Yates, — So.3d —-, 2009 WL 1531772 (Fla. 4th
Continue Reading 4th DCA says NO to lien on homestead property to pay curator’s attorney’s fees