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 …
S.D. Fla: In case of first impression, federal judge rules on constitutionality of Florida’s new trust-specific long arm statute
Abromats v. Abromats, 2016 WL 4366480 (S.D. Fla. August 16, 2016)
If you’re a trusts and estates litigator in Florida, sooner or later you’re going to be involved in some kind of multi-jurisdictional case. This fact-of-life lead to the …
3d DCA: Can the 500-year-old “relation back” doctrine be used to block today’s $4 million probate creditor claim?
Richard v. Richard, — So.3d —-, 2016 WL 2340787 (Fla. 3d DCA May 04, 2016)
Just because someone’s Will says you’re their personal representative (PR) doesn’t make it so. First, you’re not a PR until a judge says you …
4th DCA says no to criminalizing inheritance litigation; reverses 7-year prison sentence
Franke v. State, — So.3d —-, 2016 WL 358614 (Fla. 4th DCA January 27, 2016)
As lawyers, one of our jobs is to anticipate the “worst case scenario” and counsel our clients appropriately. For trusts and estates lawyers the …
4th DCA: Can a probate judge use his “equitable powers” to override our Probate Code?
Oreal v. Steven Kwartin, P.A., — So.3d —-, 2016 WL 1239756 (Fla. 4th DCA March 30, 2016)
Having your case decided against you because a well-intentioned judge chose not to apply some provision of our Probate Code for …