Florida law couldn’t be clearer, F.S. 732.518 tells us in no uncertain
Continue Reading Pre-death will contests: Can guardianship litigation preempt a will contest?
George Washington on Arbitration of Probate Disputes
For no reason other than I find this bit of historical/T&E crossover
Continue Reading George Washington on Arbitration of Probate Disputes
Probate court reversed for improperly dismissing a petition to probate a lost or destroyed will
LaCalle v. Barquin, — So.2d —-, 2008 WL 3358300 (Fla. 3d DCA Aug
Continue Reading Probate court reversed for improperly dismissing a petition to probate a lost or destroyed will
4th DCA: Spotty evidentiary record = reversal of trust beneficiary’s attorney’s fee award
New legislation: Payment of trustee attorneys’ fees when defending breach of duty claims; trustees have new affirmative notice obligations
Payment of trustee attorneys’ fees when defending breach-of-duty claims has been a
What probate lawyers should know about fee disputes under Florida’s Wrongful Death Act
Ever wonder why your friendly neighborhood plaintiff’s lawyer gets a bit tense
Continue Reading What probate lawyers should know about fee disputes under Florida’s Wrongful Death ActCan you enforce a California constructive-trust judgment against a Florida homestead?
How Pennsylvania officials and an inept trustee board of directors screwed poor kids out of $1 billion by stopping the sale of candy-maker Hershey Company
Jonathan Klick of the Florida State University College of Law and Robert
Continue Reading How Pennsylvania officials and an inept trustee board of directors screwed poor kids out of $1 billion by stopping the sale of candy-maker Hershey Company
“Constructive trust” + “quasi in rem jurisdiction” = tool for recovering probate assets when the doors of the probate courthouse are closed to you
What do you do if an heir shows up after the probate
Continue Reading “Constructive trust” + “quasi in rem jurisdiction” = tool for recovering probate assets when the doors of the probate courthouse are closed to you5th DCA: Appellate court cuts winning side’s fees
Hoegh v. Estate of Johnson, — So.2d —-, 2008 WL 2605068
Continue Reading 5th DCA: Appellate court cuts winning side’s fees