Florida’s Trust Code consists overwhelmingly of default rules that settlors are free to opt out of or modify anytime. There are, however, a core set of rules listed in F.S. 736.0105 that are mandatory; you can’t draft around them. For …
What’s a “caveat” and why should probate attorneys care?
There are all sorts of reasons why you may not want to commence a probate proceeding, but still have concerns about someone else getting the jump on you by secretly probating an invalid Will. In those cases you’ll want to …
What’s the right way and the wrong way to deed property OUT of your revocable trust?
Deeding property “into” and “out” of trusts is the kind of bread and butter work trusts and estates lawyers do all the time. But just because deeds-to-trust are commonplace, doesn’t mean you don’t have to sweat the details. Skip the …
Child support claim vs. creditor protected trust. Who wins?
The creditor protected trust at the center of this case is a special needs trust. This kind of trust is created for a disabled or elderly person that’s intended to supplement, but not supplant, government assistance programs (such as …
Is half a signature enough to validly execute a will?
Will execution formalities are second nature to most of us, but it never hurts to go back to basics.
Under F.S. 732.502, a Florida will isn’t valid unless it’s in writing and signed at the end in the presence …
What’s a “qualified beneficiary” and why should trustees care?
Under Florida’s Trust Code there are two classes of beneficiaries, and which class you fall in is a big deal.
As defined in F.S. 736.0103(4), the term “beneficiary” refers to the entire universe of persons who have a beneficial …
What’s it take to make sure a trustee/beneficiary settlement agreement’s binding?
Turkish v. Brody, — So.3d —-, 2016 WL 6992203 (Fla. 3d DCA November 30, 2016)
The family at the center of this case made its money investing in New York and Florida real estate (starting in the 1920s), and …
Can you reform a trust to fix an innocuous technical mistake in a signing ceremony (e.g., two witnesses are present, but only one signs the document)?
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 to your testamentary intent, we’ve got a fix for that, and it’s found in F.S. 736.0415…
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 …