A trusts and estates practice is often like playing one of those
Continue Reading Reliable, user-friendly trust-amendment/termination charts for the busy practitioner2d & 5th DCA: What’s it take for a court to properly enter a temporary injunction or “freeze” order in trust litigation?
Temporary injunctions or “freeze” orders are supposed to simply maintain the status
Continue Reading 2d & 5th DCA: What’s it take for a court to properly enter a temporary injunction or “freeze” order in trust litigation?
When can a probate court “reform” a settlement agreement to fix a drafting mistake?
So here’s the typical scenario at the end of a successful mediation
Continue Reading When can a probate court “reform” a settlement agreement to fix a drafting mistake?4th DCA: If you want to get your hands on trust property, file a complaint and follow the Rules of Civil Procedure
Beekhuis v. Morris, — So.3d —-, 2012 WL 2121258 (Fla. 4th
Dramatically different evidentiary rules apply to “tenancy by the entireties” (TBE) cases involving personal property vs. real estate
There’s trouble brewing over a bank account and vacant lot “Widow” claims
Continue Reading Dramatically different evidentiary rules apply to “tenancy by the entireties” (TBE) cases involving personal property vs. real estateAre trustees entitled to due process prior to being removed?
It says it right in the trust code: trust litigation must be
Continue Reading Are trustees entitled to due process prior to being removed?
Revenge of the disappointed heir: tortious interference with an expected inheritance
Saewitz v. Saewitz, — So.3d —-, 2012 WL 10854 (Fla. 3d
Continue Reading Revenge of the disappointed heir: tortious interference with an expected inheritance
Great expectations. Does a child have a property right in an expected future inheritance from a parent?
What “rights” do I have in an inheritance from my parents? Under
Continue Reading Great expectations. Does a child have a property right in an expected future inheritance from a parent?4th DCA: can the sole beneficiary of an estate appear pro se (without an attorney) in probate proceedings involving the estate?
Are the assets of a PA assets of the probate estate?
When a business owner passes away you may be asked if this
Continue Reading Are the assets of a PA assets of the probate estate?