The statute governing removal of personal representatives ("PR") in Florida is 733.504
Continue Reading ‘Vexatious’ Attorney Conduct Results in Removal of Executor
“Thin-slicing” trusts and estates malpractice claims
I previously wrote here about a $71 million jury verdict entered against
Continue Reading “Thin-slicing” trusts and estates malpractice claims
4th DCA: Can you sue a personal representative 41 years after he was appointed?
BLOG POST UPDATE: SUBSTITUTE OPINION PUBLISHED
Kravitz v. Levy, — So.2d
Continue Reading 4th DCA: Can you sue a personal representative 41 years after he was appointed?
Probate court gets reversed for failing to appoint the statutorily preferred personal representative
I’ve written recently about probate courts being reversed for failing to appoint
Continue Reading Probate court gets reversed for failing to appoint the statutorily preferred personal representative
Another probate court gets reversed for failing to appoint the testator’s designated personal representative
It was only about a month ago that I wrote here about
Continue Reading Another probate court gets reversed for failing to appoint the testator’s designated personal representative
Does a conflict of interest bar a testator’s chosen personal representative from being appointed in the first place?
This case underscores the importance Florida law gives to a person’s choice
Continue Reading Does a conflict of interest bar a testator’s chosen personal representative from being appointed in the first place?You Can’t Throw a Person in Jail for Failing to Comply with an Impossible Order
Jensen v. Estate of Gambidilla, 30 Fla. L. Weekly D578 (Fla. 4 DCA March 2, 2005) (TRIAL COURT REVERSED) St. Lucie County Circuit Court Judge Marc A. Cianca entered a civil contempt order requiring an estate’s former personal representative to be incarcerated until she returned certain items of personal property to the estate. The Fourth DCA reversed the trial court’s order holding that Probate Rule 5.440(d) contempt proceedings require that a trial court expressly find that the removed personal representative had the present ability to comply its order.
Continue Reading You Can’t Throw a Person in Jail for Failing to Comply with an Impossible Order