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?
Does Florida’s Slayer Statute require a murder conviction to apply?
Joaquin Perez had a life insurance policy with a death benefit of
Continue Reading Does Florida’s Slayer Statute require a murder conviction to apply?
What’s the probate look through rule and why should I care?
One of the basic building blocks of modern estate planning in Florida
Continue Reading What’s the probate look through rule and why should I care?
Do dead people own property? Court says NO, dismisses Helms-Burton Act claims.
Title III of the Helms-Burton Act creates a private cause of action
Continue Reading Do dead people own property? Court says NO, dismisses Helms-Burton Act claims.
For out-of-wedlock children, what counts as a “written acknowledgment” of paternity?
When can you litigate your inheritance case in federal court?
Prof. John Langbein recently wrote, “In modern American practice the state-operated
Continue Reading When can you litigate your inheritance case in federal court?