Failing to properly coordinate how a claim against an estate is administered
Continue Reading Estate tax deductions for claims against the estate: IRS proposes new regulations
How much evidentiary value does a death certificate have?
Resulting trusts: viable tools for litigating real property claims?
Key v. Trattmann, — So.2d —-, 2007 WL 1517827 (Fla. 1st DCA May
Continue Reading Resulting trusts: viable tools for litigating real property claims?
The New Homestead Trap: Surviving Spouses Are Trapped by Life Estates They No Longer Want or Can Afford
One of the basic building blocks of Florida probate law is the
Continue Reading The New Homestead Trap: Surviving Spouses Are Trapped by Life Estates They No Longer Want or Can Afford
Evidentiary road map for undue influence and lack of testamentary capacity cases
Diaz v. Ashworth, — So.2d —-, 2007 WL 1484550 (Fla. 3d
Continue Reading Evidentiary road map for undue influence and lack of testamentary capacity cases
Does a beneficiary’s death divest his estate of its interest in the assets of a trust that remained to be distributed?
Bryan v. Dethlefs, — So.2d —-, 2007 WL 1425499 (Fla. 3d DCA May
Continue Reading Does a beneficiary’s death divest his estate of its interest in the assets of a trust that remained to be distributed?
Dead Witness Humor
The following is from the Wills, Trusts & Estates Prof Blog:
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Can a co-op be homestead property?
Article X, section 4(c) of the Florida Constitution, which declares that “homestead
Continue Reading Can a co-op be homestead property?How certain is a designation of preneed guardianship?
Miller v. Goodell, — So.2d —-, 2007 WL 1201892 (Fla. 4th DCA Apr
Continue Reading How certain is a designation of preneed guardianship?
Estate funds: possession is nine-tenths of the law
Morrison v. West, — So.2d —-, 2007 WL 1135659 (Fla. 4th DCA Apr
Continue Reading Estate funds: possession is nine-tenths of the law