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” an Illinois trust so it complies with Florida’s execution requirements?
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 …
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…
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)
This appeal is the latest chapter in the battle over the fortune of Fontainebleau heir Ben Novack Jr. Novack was murdered in 2009. In …
Can you challenge “joint” accounts and “POD” accounts on undue influence grounds in nonprobate inheritance cases?
In today’s world the vast majority of inherited wealth gets transferred from one generation to the next by nonprobate “will substitutes” that are not subject to probate, are not controlled by a person’s will, and are not governed by our …
Is a “notarial will” that’s valid in Argentina also valid in Florida?
As long as we’ve had probate courts, people have been trying to figure out how to avoid them. In common-law jurisdictions like Florida, the most common technique is to use non-probate assets that automatically transfer at death (known as the …