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?
What’s “Section 1782” and why should probate attorneys care?
Increasing numbers of people have connections with one country, but live and
Continue Reading What’s “Section 1782” and why should probate attorneys 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.