In 2022 the Florida Rules of Appellate Procedure changed to allow district
Continue Reading Does a trustee’s breach of fiduciary duty — without evidence of fraud or malice — warrant punitive damages?
What’s a “convenience account” and why should probate attorneys care?
In today’s world the vast majority of inherited wealth gets transferred from
Continue Reading What’s a “convenience account” and why should probate attorneys care?
Are trustees and beneficiaries of a decedent’s trust “interested persons” of his probate estate?
Our probate code uses the “interested person” concept to ensure that anyone
Continue Reading Are trustees and beneficiaries of a decedent’s trust “interested persons” of his probate estate?
Is the appointment of a personal representative a precondition to filing a rule 1.260 motion to substitute?
If you’re litigating a case and the defendant dies, the last thing
Continue Reading Is the appointment of a personal representative a precondition to filing a rule 1.260 motion to substitute?
Constructive Trust: Remedy, Cause of Action, or Both?
I was recently in a contested court hearing where a smart and
Continue Reading Constructive Trust: Remedy, Cause of Action, or Both?
Are assets of a decedent’s single-member LLC assets of her probate estate?
In probate proceedings how assets are titled is a big deal. While
Continue Reading Are assets of a decedent’s single-member LLC assets of her probate estate?
What’s the “probate exception” and why should trusts and estates litigators care?
There are all sorts of reasons for why you may want to
Continue Reading What’s the “probate exception” and why should trusts and estates litigators care?
When does a court have continuing jurisdiction over a trust?
The procedural ground rules governing probate and trust litigation are very different.
Continue Reading When does a court have continuing jurisdiction over a trust?
LLC Operating Agreement vs Will. Who wins?
If ownership of a business asset is contested in an estate, the
Continue Reading LLC Operating Agreement vs Will. Who wins?
Is there a workaround to Florida’s inequitable treatment of middle-aged adults contesting paternity for the first time in probate?
Probate litigation often turns on a person’s claimed “status” as a decedent’s
Continue Reading Is there a workaround to Florida’s inequitable treatment of middle-aged adults contesting paternity for the first time in probate?