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?
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?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?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?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?I was recently in a contested court hearing where a smart and…
Continue Reading Constructive Trust: Remedy, Cause of Action, or Both?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?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?The procedural ground rules governing probate and trust litigation are very different.
Continue Reading When does a court have continuing jurisdiction over a trust?If ownership of a business asset is contested in an estate, the…
Continue Reading LLC Operating Agreement vs Will. Who wins?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?