Inheritance litigation often turns on a person’s claimed “status” as a decedent’s
Continue Reading Should we assume most paternity actions in probate are now time barred?
In case of first impression, federal judge rules on constitutionality of Florida’s new trust-specific long arm statute
If you’re a trusts and estates litigator in Florida, sooner or later
Continue Reading In case of first impression, federal judge rules on constitutionality of Florida’s new trust-specific long arm statute
Can the 500-year-old “relation back” doctrine be used to block today’s $4 million probate creditor claim?
Just because someone’s Will says you’re their personal representative (PR) doesn’t make
Continue Reading Can the 500-year-old “relation back” doctrine be used to block today’s $4 million probate creditor claim?4th DCA says no to criminalizing inheritance litigation; reverses 7-year prison sentence
As lawyers, one of our jobs is to anticipate the “worst case
Continue Reading 4th DCA says no to criminalizing inheritance litigation; reverses 7-year prison sentence
4th DCA: Can a probate judge use his “equitable powers” to override our Probate Code?
Can you sue hostile parties for fraud if they lie to you during settlement negotiations?
Lawyers love to brag about their court wins, not so much about
Continue Reading Can you sue hostile parties for fraud if they lie to you during settlement negotiations?2d DCA: Do the same rules apply for temporary injunctions in trust litigation?
Dowdy v. Dowdy, — So.3d —-, 2016 WL 56785 (Fla. 2d
Continue Reading 2d DCA: Do the same rules apply for temporary injunctions in trust litigation?
4th DCA: Are you required — as a matter of law — to always add a donor’s personal representative to an inter vivos gift case?
Advice to settling parties: GET IT IN WRITING!
One of the big selling points for settling disputes is finality: you
Continue Reading Advice to settling parties: GET IT IN WRITING!When does a court lack “procedural jurisdiction” to appoint a guardian?
Adelman v. Elfenbein, — So.3d —-, 2015 WL 5026178 (Fla. 4
Continue Reading When does a court lack “procedural jurisdiction” to appoint a guardian?