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Has all of Florida’s common law for modifying or terminating irrevocable trusts been replaced by statute?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Continue Reading Has all of Florida’s common law for modifying or terminating irrevocable trusts been replaced by statute?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?
What’s a “caveat” and why should probate attorneys care?
There are all sorts of reasons why you may not want to
Continue Reading What’s a “caveat” and why should probate attorneys care?
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
Continue Reading What’s the right way and the wrong way to deed property OUT of your revocable trust?
Is a “notarial will” that’s valid in Haiti also valid in Florida?
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?
Child support claim vs. creditor protected trust. Who wins?
The creditor protected trust at the center of this case is a
Continue Reading Child support claim vs. creditor protected trust. Who wins?
Is half a signature enough to validly execute a will?
Will execution formalities are second nature to most of us, but it
Continue Reading Is half a signature enough to validly execute a will?
What’s a “qualified beneficiary” and why should trustees care?
Under Florida’s Trust Code there are two classes of beneficiaries, and which
Continue Reading What’s a “qualified beneficiary” and why should trustees care?
What’s it take to make sure a trustee/beneficiary settlement agreement’s binding?
The family at the center of this case made its money investing
Continue Reading What’s it take to make sure a trustee/beneficiary settlement agreement’s binding?