If you run a search for the term “undue influence” in Florida’s
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If you run a search for the term “undue influence” in Florida’s…
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?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?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?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Continue Reading Has all of Florida’s common law for modifying or terminating irrevocable trusts been replaced by statute?Florida’s Trust Code consists overwhelmingly of default rules that settlors are free…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?There are all sorts of reasons why you may not want to…
Continue Reading What’s a “caveat” and why should probate attorneys care?Deeding property “into” and “out” of trusts is the kind of bread…
Continue Reading What’s the right way and the wrong way to deed property OUT of your revocable trust?
In civil-law jurisdictions (like Haiti) wills are prepared under the supervision of…
Continue Reading Is a “notarial will” that’s valid in Haiti also valid in Florida?
The creditor protected trust at the center of this case is a…
Continue Reading Child support claim vs. creditor protected trust. Who wins?