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.
Can you sue a fictitious “John Doe” instead of a deceased party’s actual court-appointed personal representative?
To be clear, under Florida law there’s no such thing as a
Continue Reading Can you sue a fictitious “John Doe” instead of a deceased party’s actual court-appointed personal representative?
What’s a “caveat” and why should probate attorneys care?
There are all sorts of reasons why you may not want to
Continue Reading What’s a “caveat” and why should probate attorneys care?
Jury trials in Will contests
In Florida we don’t have jury trials in will contests. But if
Continue Reading Jury trials in Will contests
Is a homestead order entered by a probate judge lacking jurisdictional authority binding on third parties?
Sometimes third parties who had no knowledge of a family’s probate proceeding
Continue Reading Is a homestead order entered by a probate judge lacking jurisdictional authority binding on third parties?
Are Florida’s courtroom doors closed to older claimants seeking to establish paternity in probate proceedings, but wide open for everyone else?
If a man dies intestate, any children he had while married
Continue Reading Are Florida’s courtroom doors closed to older claimants seeking to establish paternity in probate proceedings, but wide open for everyone else?