Gurfinkel v. Josi, — So.2d —-, 2007 WL 4322156 (Fla. 3d DCA Dec
Continue Reading 3d DCA: Trust agreement trumps power-of-attorney in probate litigation
New Probate & Trust Cases
US SD.FL: Example of POA granting power to change the named beneficiary of an insurance policy
Liberty Life Assur. Co. of Boston v. Miller, 2007 WL 4233547…
Continue Reading US SD.FL: Example of POA granting power to change the named beneficiary of an insurance policy
Contingent fees in probate litigation: $42 million payday upheld on appeal
The Florida Bar ethics rules governing contingent fee agreements are found in…
Continue Reading Contingent fees in probate litigation: $42 million payday upheld on appeal
4th DCA: Fatally flawed procedural/evidentiary record leads to stunning reversal of all trial-court wins in contested guardianship proceeding
Income Tax Planning in Probate: IRS Rules Gain from Post-Death Sale of Decedent’s Real Property under Pre-Death Contract Wasn’t IRD
Clients are often surprised to learn that, for the most part, inherited…
Continue Reading Income Tax Planning in Probate: IRS Rules Gain from Post-Death Sale of Decedent’s Real Property under Pre-Death Contract Wasn’t IRD
The wife of missing adventurer Steve Fossett has asked a court to declare him dead
In Florida a death certificate is prima facie proof of the “fact…
Continue Reading The wife of missing adventurer Steve Fossett has asked a court to declare him deadThe 11th Circuit on estate tax valuation discounts; dissent decries “doctrine of ignoble ease”
‘Vexatious’ Attorney Conduct Results in Removal of Executor
The statute governing removal of personal representatives ("PR") in Florida is 733.504…
Continue Reading ‘Vexatious’ Attorney Conduct Results in Removal of Executor
The Trustee’s Duty to Inform and Report Under Florida’s New Trust Code
At its core, the job of trustee is as much about keeping…
Continue Reading The Trustee’s Duty to Inform and Report Under Florida’s New Trust Code
Creditor claims in probate: substance trumps form
Florida law doesn’t cut creditors any slack when it comes to blowing…
Continue Reading Creditor claims in probate: substance trumps form