Ever wonder why we don’t spend much time thinking about the income
Continue Reading What’s the “origin of the claim” doctrine and why should trusts and estates litigators care?
When to “decant” a trust. It’s getting easier to modify irrevocable trusts. Here’s how it works.
If you’re working with the trustee of an irrevocable trust that needs
Continue Reading When to “decant” a trust. It’s getting easier to modify irrevocable trusts. Here’s how it works.
Has all of Florida’s common law for modifying or terminating irrevocable trusts been replaced by statute?
Irrevocable trusts stay “irrevocable” only as long as everyone with a stake
Continue Reading Has all of Florida’s common law for modifying or terminating irrevocable trusts been replaced by statute?
How to ethically represent disabled adults in contested guardianship proceedings
One of the most confoundingly difficult challenges we all face as trusts
Continue Reading How to ethically represent disabled adults in contested guardianship proceedings
Can you limit a court’s ability to remove a trustee to the same standard as incapacity in guardianship proceedings?
Florida’s Trust Code consists overwhelmingly of default rules that settlors are free
Continue Reading Can you limit a court’s ability to remove a trustee to the same standard as incapacity in guardianship proceedings?
Can you sue a fictitious “John Doe” instead of a deceased party’s actual court-appointed personal representative?
To be clear, under Florida law there’s no such thing as a
Continue Reading Can you sue a fictitious “John Doe” instead of a deceased party’s actual court-appointed personal representative?
What’s a “caveat” and why should probate attorneys care?
There are all sorts of reasons why you may not want to
Continue Reading What’s a “caveat” and why should probate attorneys care?
What’s the right way and the wrong way to deed property OUT of your revocable trust?
Deeding property “into” and “out” of trusts is the kind of bread
Continue Reading What’s the right way and the wrong way to deed property OUT of your revocable trust?
A User’s Guide to Prosecuting Claims under Florida’s Uniform Disposition of Community Property Rights at Death Act
Under the Florida Uniform Disposition of Community Property Rights at Death Act
Continue Reading A User’s Guide to Prosecuting Claims under Florida’s Uniform Disposition of Community Property Rights at Death Act
Jury trials in Will contests
In Florida we don’t have jury trials in will contests. But if
Continue Reading Jury trials in Will contests