Creditor claims against an estate must be paid to the extent allowed
Continue Reading Is a Personal Representative personally liable for damages exceeding the value of the estate when caused by their breach of fiduciary duty?
Do the same standards of conduct apply when appointing and removing a personal representative?
The same evidence that authorizes a probate judge to remove a personal
Continue Reading Do the same standards of conduct apply when appointing and removing a personal representative?Florida must recognize gay widower’s Delaware marriage for purposes of appointing the non-resident personal representative of his ancillary estate, Palm Beach probate judge rules
Estate of Bangor, Case No. 502014CP001857 (Fla. 15th Cir, Palm Beach,
Continue Reading Florida must recognize gay widower’s Delaware marriage for purposes of appointing the non-resident personal representative of his ancillary estate, Palm Beach probate judge rules
Are evidentiary hearings required when removing a PR or refusing to appoint a PR with statutory priority?
Who serves as personal representative (PR) of an estate can have huge real-world consequences.
Continue Reading Are evidentiary hearings required when removing a PR or refusing to appoint a PR with statutory priority?3d DCA: Is a PR entitled to due process prior to being removed by court order?
FL Supreme Court sides with 1st DCA in conflict with 3d DCA: 3-month statue of limitations found in F.S. 733.212(3) applies to PR disqualification motions
Is a court-appointed guardian of the property necessary to exercise a minor’s vote in the appointment of a PR?
Most people (including most lawyers) assume that a minor’s parents, i.e., a
Continue Reading Is a court-appointed guardian of the property necessary to exercise a minor’s vote in the appointment of a PR?
Another probate court gets reversed for failing to appoint the statutorily preferred personal representative
Probate courts can get reversed for refusing to appoint as personal representative
Continue Reading Another probate court gets reversed for failing to appoint the statutorily preferred personal representative1st DCA certifies conflict with 3d DCA: 3-month statue of limiations applies to PR disqualification motions
Hill v. Davis, — So.3d —-, 2010 WL 1347314 (Fla. 1st
Bankr.M.D.Fla: Probate judgment against former PR not dischargeable in bankruptcy
In re Kurzon, 399 B.R. 274 (Bankr.M.D.Fla. Apr 17, 2008)
When
Continue Reading Bankr.M.D.Fla: Probate judgment against former PR not dischargeable in bankruptcy