In re Estate of Woodward, — So.2d —-, 2008 WL 942044
Continue Reading 2d DCA: PR can’t pay off a mortgage on specifically-devised property unless the will says so
New Probate & Trust Cases
Notice of new probate-related FL opinions: Commentary to follow:
- 2d DCA: Fleck v. Fleck, — So.2d —-, 2008 WL
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Continue Reading Notice of new probate-related FL opinions: Commentary to follow:
5th DCA: Probate court doesn’t have jurisdiction over a trustee just because he happens to be in the room during a contested probate proceeding
Chaffin v. Overstreet, — So.2d —-, 2008 WL 678664 (Fla. 5th DCA Mar…
Why do-it-yourself estate planning can lead to unintended consequences for homestead property
When an appellate opinion comes along dissecting a discombobulated homestead deed and…
Continue Reading Why do-it-yourself estate planning can lead to unintended consequences for homestead property4th DCA: Probate court’s discretion to vacate a prior pro hac vice order is NOT absolute
4th DCA: What to do when a will violates the terms of a divorce settlement agreement
Perry v. Perry, — So.2d —-, 2008 WL 588901 (Fla. 4th DCA …
Continue Reading 4th DCA: What to do when a will violates the terms of a divorce settlement agreement
4th DCA: PR can’t have it both ways when suing trustee over promissory note gone bad: PR must elect her remedy
Young v. Kurlansik, — So.2d —-, 2008 WL 508427 (Fla. 4th DCA Feb…
Continue Reading 4th DCA: PR can’t have it both ways when suing trustee over promissory note gone bad: PR must elect her remedy
Notice of new probate-related FL opinion: Commentary to follow:
- 4th DCA: Perry v. Perry, — So.2d —-, 2008 WL 588901
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Continue Reading Notice of new probate-related FL opinion: Commentary to follow:
Once the presumption arises, the undue influence issue cannot be determined in a summary judgment proceeding
How a will contest is framed can make all the difference in…
Continue Reading Once the presumption arises, the undue influence issue cannot be determined in a summary judgment proceeding1st & 4th DCAs on managing the vexatious pro se litigant in probate litigation
Our court system relies in large part on voluntary compliance with the…
Continue Reading 1st & 4th DCAs on managing the vexatious pro se litigant in probate litigation