Oral (nuncupative) wills and un-witnessed handwritten (holographic)
Continue Reading Are handwritten wills valid in Florida?
When does a court have continuing jurisdiction over a trust?
The procedural ground rules governing probate and trust litigation are very different.
Continue Reading When does a court have continuing jurisdiction over a trust?
Can your probate judge enforce your settlement agreement or do you have to file a new lawsuit?
The vast majority of cases settle. Whether those settlements are on balance
Continue Reading Can your probate judge enforce your settlement agreement or do you have to file a new lawsuit?
What’s it mean to challenge the “validity” of a will and why does it matter?
Declaratory judgment actions can be uniquely useful tools for probate practitioners;
Continue Reading What’s it mean to challenge the “validity” of a will and why does it matter?
Can you challenge the revocation of a revocable trust on undue influence grounds? Statute says YES, 4th DCA says NO. I say … what?!
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?