Kelly v. Lindenau, — So.3d —-, 2017 WL 2180970 (Fla. 2d DCA May 17, 2017)
If you or your attorney make a mistake when drafting your revocable trust, and there’s “clear and convincing evidence” that the mistake is contrary …
2d DCA: Does Florida’s “delayed discovery doctrine” apply to undue influence claims?
Flanzer v. Kaplan, — So.3d —- 2017 WL 5759041 (Fla. 2d DCA November 29, 2017)
Your favorite probate lawyer calls; she’s got a potential trust case for you, but isn’t sure if it’s time barred.
You’d think something as …
How to litigate deed-to-trust cases in Florida
Just because a deed says property’s being transferred to a “trustee” doesn’t make it so. If the deed doesn’t comply with F.S. 689.07′s disclosure requirements, the named trustee is deemed to own the property in fee simple, which …
Trust protectors; they’re like trustees, but not quite. So can they get sued?
It used to be so simple. Back in the day trust lawyers had to contend with only three possible players: the settlor, the trustee, or the beneficiary. Today that trio’s often joined by a new creature we’re still not exactly …
4th DCA: When does the “renunciation” rule NOT apply in trust litigation?
Gossett v. Gossett, — So.3d —-, 2015 WL 8947627 (Fla. 4th DCA December 16, 2015)
As a general rule, a trust litigant can’t have it both ways: he can’t simultaneously benefit from and contest the validity of the same…
4th DCA: The sins of our fathers. Does Florida’s “slayer rule” also disinherit a killer’s descendants?
Fiel v. Hoffman, — So.3d —-, 2015 WL 4549604 (Fla. 4th DCA July 29, 2015)
1st DCA: Can you challenge “joint” accounts and “POD” accounts on undue influence grounds in nonprobate inheritance cases?
Can you sue a Florida trust protector for breach of fiduciary duty?
5th DCA: Can a trial judge assess over $85,000 in attorneys fees against beneficiaries for suing a trustee who committed “numerous breaches” of fiduciary duty?
Harrell v. Badger, — So.3d —-, 2015 WL 3631639 (Fla. 5th DCA June 12, 2015)
California court invalidates power of appointment; disinherited heir gets 1/3 of $55M trust
