In 2011 the Florida legislature passed CS/HB 325, which, among other
Continue Reading Can you challenge the revocation of a revocable trust on undue influence grounds? Statute says YES, 4th DCA says NO. I say … what?!
Assessment of Older Adults with Diminished Capacity: A Handbook for Psychologists
A central issue driving most — if not all — will or
Continue Reading Assessment of Older Adults with Diminished Capacity: A Handbook for Psychologists
For out-of-wedlock children, what counts as a “written acknowledgment” of paternity?
Undue Influence: The Dutiful Child Exception
Most parents want to treat their children fairly in their estate planning,
Continue Reading Undue Influence: The Dutiful Child Exception
Defining Undue Influence
If you run a search for the term “undue influence” in Florida’s
What’s it take to rebut the presumption of undue influence?
F.S. 732.5165 tells us that a will (or any party of it)
Continue Reading What’s it take to rebut the presumption of undue influence?
Why isn’t a will that’s valid in Belgium also valid in Florida?
Florida is a magnet for people and foreign capital. Last year alone
Continue Reading Why isn’t a will that’s valid in Belgium also valid in Florida?
What’s the right way and the wrong way to litigate a revocable trust while the settlor’s alive?
Attorneys faced with elderly clients sliding into incapacity grapple with daunting ethical
Continue Reading What’s the right way and the wrong way to litigate a revocable trust while the settlor’s alive?
Has all of Florida’s common law for modifying or terminating irrevocable trusts been replaced by statute?
Irrevocable trusts stay “irrevocable” only as long as everyone with a stake
Continue Reading Has all of Florida’s common law for modifying or terminating irrevocable trusts been replaced by statute?
Can you limit a court’s ability to remove a trustee to the same standard as incapacity in guardianship proceedings?
Florida’s Trust Code consists overwhelmingly of default rules that settlors are free
Continue Reading Can you limit a court’s ability to remove a trustee to the same standard as incapacity in guardianship proceedings?