Flanzer v. Kaplan, — So.3d —- 2017 WL 5759041 (Fla. 2d DCA November 29, 2017)
Your favorite probate lawyer calls; she’s got a potential trust case for you, but isn’t sure if it’s time barred.
You’d think something as …
If you kill someone in self defense, can you still collect on their life insurance policy?
Stephenson v. Prudential Ins. Co. of Am., 2016 WL 6568085 (M.D. Fla. Nov. 4, 2016)
If you murder someone, you can’t collect on their life insurance policy. This is one of several iterations of the common-law “slayer rule…
So who gets to occupy the decedent’s contested real estate?
Delbrouck v. Eberling, — So.3d —-, 2015 WL 5948724 (Fla. 4th DCA October 14, 2015)
Contested probate proceedings often revolve around conflicting claims to specific property that’s titled in the decedent’s name but claimed by someone else.
If the …
Does a discretionary trust beneficiary have standing to challenge an adoption that could potentially dilute his interest in the trust?
Edwards v. Maxwell, — So.3d —-, 2017 WL 1201873 (Fla. 1st DCA March 31, 2017)
To understand this case you need to keep two basic points in mind.
First, adoptions are sometimes used to “add” individuals to the …
2d DCA: Is an “estate” a legal entity that can be sued?
Spradley v. Spradley, — So.3d —-, 2017 WL 913632 (Fla. 2d DCA March 08, 2017)
You’ll often hear lawyers speak in terms of suing “the estate,” or transferring property to “the estate,” or collecting a bill that’s payable by …
1st DCA: Can an estate get sued if someone gets in an accident driving the decedent’s car?
Depriest v. Greeson, — So.3d —-, 2017 WL 672155 (Fla. 1st DCA February 21, 2017)
One of the first things any beginning probate lawyer learns is to make sure no one’s driving the decedent’s car. Why? Because the estate …
4th DCA: Are guardians ad litem (GALs) mandatory when settling a minor’s claims?
Allen v. Montalvan, — So.3d —-, 2016 WL 4547993 (Fla. 4th DCA Aug. 31, 2016)
Two points to keep in mind when thinking about this case. First, most disputes — even those that end up in court — ultimately …
Can an e-filing mistake blow your probate creditor filing deadline?
United Bank v. Estate of Frazee, — So.3d —-, 2016 WL 3745512 (Fla. 4th DCA July 13, 2016)
Sometimes you blow a deadline and the courts cut you a break (see here). Sometimes you’re not so lucky. This …
What’s it take to haul an offshore trust into a U.S. federal court on diversity-jurisdiction grounds?
Kozel v. Kozel, 2016 WL 4163562 (M.D. Fla. August 4, 2016)
Vast sums of wealth are held in family trusts — and the size of these trusts is only getting bigger (see here). Not surprisingly, these same trusts …
Should we assume most paternity actions in probate are now time barred?
Rose v. Sonson, — So.3d —-, 2016 WL 4651350 (Fla. 3d DCA September 07, 2016)
Inheritance litigation often turns on a person’s claimed “status” as a family member. Past examples include challenges to a person’s claimed status as a …