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 you
5th 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
S.D.Fla: Trust litigation bounced from federal court: federal trial courts lack jurisdiction to review final judgments of state courts
4th DCA: When a joint bank account is created with the funds of one person, there is a presumption of a gift to the other person which may be rebutted only by clear and convincing evidence to the contrary
1st DCA: Pending action to partition a joint tenancy with right of survivorship does NOT survive one joint tenant’s death
Mercurio v. Headrick, — So.2d —-, 2008 WL 2434193 (Fla. 1st
3d DCA: Genuine issues of material fact existed as to whether petitioners were legitimate heirs of decedent, precluding summary judgment
Berkow v. Isaevna, — So.2d —-, 2008 WL 2511272 (Fla. 3d DCA Jun
Continue Reading 3d DCA: Genuine issues of material fact existed as to whether petitioners were legitimate heirs of decedent, precluding summary judgment
4th DCA: Procedural statute for determining incapacity does NOT make the potential ward responsible for examining committee fees where the guardianship petition is dismissed or denied
Federal suit by disgruntled litigant against Miami probate judge Arthur Rothenberg dismissed
Sarhan v. Rothenberg, Slip Copy, 2008 WL 2474645 (S.D.Fla. Jun 17
3d DCA: Trustee, acting solely in her capacity as trustee, has standing to bring a trust reformation action
Reid v. Judea, — So.2d —-, 2008 WL 2356814 (Fla. 3d DCA Jun
Bill Murray’s Pre-nup: Florida Adopts the Uniform Premarital Agreement Act
Slate recently reported here on Bill Murray’s brewing divorce. From a practitioner’s
Continue Reading Bill Murray’s Pre-nup: Florida Adopts the Uniform Premarital Agreement Act