If you’re a trusts and estates lawyer, a larger and larger share
Continue Reading Can you prosecute an “unjust enrichment” claim in a case involving contested life insurance proceeds?
What’s it take to collaterally attack a “quickie” Nevada divorce as part of a Florida inheritance dispute?
In this case a disinherited son contested his father’s estate on the
Continue Reading What’s it take to collaterally attack a “quickie” Nevada divorce as part of a Florida inheritance dispute?Can a corporate trustee caught in middle of on-going divorce litigation sue one of the ex-spouses for unjust enrichment?
Probate judge to personal representatives: “there is a higher power that [you’re] accountable to and, short of God, that’s me.” 4th DCA says not so fast.
Is a probate judge’s “jurisdictional” authority limited to only probate-related matters?
Our state circuit courts are usually split up into specialty divisions, as
Continue Reading Is a probate judge’s “jurisdictional” authority limited to only probate-related matters?Does Florida’s Trust Code limit — or expand upon — existing common law when it comes to terminating irrevocable trusts?
Peck v. Peck, 133 So.3d 587 (Fla. 2d DCA February 26,
Continue Reading Does Florida’s Trust Code limit — or expand upon — existing common law when it comes to terminating irrevocable trusts?
If the judge adjudicating your divorce enters final judgment, but retains jurisdiction to decide property issues, does that jurisdictional authority evaporate if one of the parties to the original divorce proceeding dies?
The traditional rule is that an action for divorce is purely personal
Continue Reading If the judge adjudicating your divorce enters final judgment, but retains jurisdiction to decide property issues, does that jurisdictional authority evaporate if one of the parties to the original divorce proceeding dies?
Once a probate judge grants a motion to compel arbitration, can that same judge dismiss the claim because one side fails to initiate the arbitration proceeding on a timely basis?
Why any estate planner would in good conscience subject his or her
Continue Reading Once a probate judge grants a motion to compel arbitration, can that same judge dismiss the claim because one side fails to initiate the arbitration proceeding on a timely basis?
Does a successor PR have standing to sue a prior PR’s attorney for malpractice?
There’s nothing like the threat of a malpractice suit to focus the
Continue Reading Does a successor PR have standing to sue a prior PR’s attorney for malpractice?
Are a deceased son’s ashes “property” that’s subject to 50/50 partition between his divorced parents?
Burial disputes are gut wrenching affairs, and in my opinion (based on
Continue Reading Are a deceased son’s ashes “property” that’s subject to 50/50 partition between his divorced parents?