Will execution formalities are second nature to most of us, but it never hurts to go back to basics.
Under F.S. 732.502, a Florida will isn’t valid unless it’s in writing and signed at the end in the presence …
When can you reopen a Florida probate proceeding?
When it comes to probate proceedings, there’s a strong public policy favoring finality, even it means valid claims sometimes get sacrificed. For example, F.S. 733.903 tells us that once a probate proceeding is closed, it won’t be reopened because sometime …
What’s it take to haul an Illinois estate planner into a Florida courtroom for malpractice?
Florida remains the largest recipient of state-to-state migration in the US, and the top choice among retirees.
Not surprisingly, many of these transplants are slow to abandon the professional relationships they’ve fostered back home — often for …
Does Florida’s “delayed discovery doctrine” apply to undue influence claims?
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 …
Is an “estate” a legal entity that can be sued?
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 “the estate.” This kind of loose talk usually doesn’t matter, but sometimes it does. To be …
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 …
Are guardians ad litem (GALs) mandatory when settling a minor’s claims?
Two points to keep in mind when thinking about the Allen case. First, most disputes — even those that end up in court — ultimately settle. Second, if you’re a trusts and estates lawyer sooner or later you’re going to …