Section 731.105 of our Probate Code tells us that all probate matters
Continue Reading When does a probate judge have “personal” jurisdiction over a personal representative or trustee?
When does a probate judge NOT have jurisdiction over contested property?
In contested probate and trust proceedings, if you hear the word “
Continue Reading When does a probate judge NOT have jurisdiction over contested property?
Can you sue a Florida trust protector for breach of fiduciary duty?
Over the last few years there’s been a trend towards wider use
Continue Reading Can you sue a Florida trust protector for breach of fiduciary duty?
Can winning a “defalcation” ruling in a bankruptcy proceeding against your former probate lawyer end up immunizing his insurance carrier from liability?
Complex estate litigation usually doesn’t get resolved in a single winner-take-all trial.
Continue Reading Can winning a “defalcation” ruling in a bankruptcy proceeding against your former probate lawyer end up immunizing his insurance carrier from liability?
Is Florida’s trust-reformation statute limited to only fixing “simple scrivener’s errors”?
When it comes to wills and trusts, drafting mistakes come in all
Continue Reading Is Florida’s trust-reformation statute limited to only fixing “simple scrivener’s errors”?
Will a faith-based arbitration clause disqualify your trust for tax purposes?
Faith-based arbitration clauses are legally enforceable. See Spivey v. Teen Challenge of
Continue Reading Will a faith-based arbitration clause disqualify your trust for tax purposes?
Can a woman invalidate her own Texas adoption to win a Florida estate case?
Inheritance disputes tend to be deeply personal affairs, often involving challenges to
Continue Reading Can a woman invalidate her own Texas adoption to win a Florida estate case?
LLC Operating Agreement vs Revocable Trust. Who wins?
Do your contractual obligations have priority over your testamentary wishes in a
Continue Reading LLC Operating Agreement vs Revocable Trust. Who wins?
Can you sue a Spanish PR personally for showing up in a Miami courtroom in his representative capacity?
Florida is a perennial favorite for international home buyers and Snow Birds
Continue Reading Can you sue a Spanish PR personally for showing up in a Miami courtroom in his representative capacity?Ignorance of the law is no excuse. Just because you don’t know you’re legally entitled to trust accountings doesn’t mean you get sit on your hands for years before suing your trustee for never accounting to you.
We all know that, generally speaking, ignorance of the law is no
Continue Reading Ignorance of the law is no excuse. Just because you don’t know you’re legally entitled to trust accountings doesn’t mean you get sit on your hands for years before suing your trustee for never accounting to you.