Sometimes it pays to step back and review the basics, like the
Continue Reading Why knowing the difference between in rem and personal jurisdiction matters in probate proceedings
4th DCA: If you’re the successor trustee of a revocable trust whose settlor is alive but mentally incapacitated, do you owe any duties to the remainder beneficiaries?
2d DCA: Does Civ Pro Rule 1.525 (Motions for Costs and Attorneys’ Fees) apply to trust proceedings?
Donkersloot v. Donkersloot, — So.2d —-, 2008 WL 4647415 (Fla. 2d
Continue Reading 2d DCA: Does Civ Pro Rule 1.525 (Motions for Costs and Attorneys’ Fees) apply to trust proceedings?
5th DCA: Why a de novo appellate standard of review can be your best friend in trust-construction litigation
Brown v. Miller, — So.2d —-, 2008 WL 4600940 (Fla. 5th DCA Oct
4th DCA says NO to compulsory medical examination of 88-year old man caught up in someone else’s litigation
Urbanek v. Hopkins, — So.2d —-, 2008 WL 4489266 (Fla. 4th
What’s it mean to have “rendered services to an estate” when seeking attorneys fees in probate litigation?
Duncombe v. Adderly, — So.2d —-, 2008 WL 4489234 (Fla. 4th
Continue Reading What’s it mean to have “rendered services to an estate” when seeking attorneys fees in probate litigation?
Can you compel a trust beneficiary to arbitrate a claim based on an arbitration agreement he never signed, but his trustee did?
Eichler v. Leshner, Slip Copy, 2008 WL 4459029 (M.D.Fla. Sep 29,
Continue Reading Can you compel a trust beneficiary to arbitrate a claim based on an arbitration agreement he never signed, but his trustee did?
The “fabled twins of speculation and conjecture” aren’t enough to validate a lost will
Balboni v. LaRocque, — So.2d —-, 2008 WL 4414240 (Fla. 4th
Continue Reading The “fabled twins of speculation and conjecture” aren’t enough to validate a lost will
Another probate judge gets reversed for failing to appoint the testator’s nominated PR
Florida probate judges are given a great deal of latitude when making
Continue Reading Another probate judge gets reversed for failing to appoint the testator’s nominated PR2d DCA: Arbitration agreement upheld based on broad grant of authority in decedent’s power of attorney
Jaylene, Inc. v. Moots, — So.2d —-, 2008 WL 4181140 (Fla.
Continue Reading 2d DCA: Arbitration agreement upheld based on broad grant of authority in decedent’s power of attorney