Just because a deed says property’s being transferred to a “trustee” doesn’t
Continue Reading How to litigate deed-to-trust cases in Florida
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
Continue Reading Trust protectors; they’re like trustees, but not quite. So can they get sued?4th DCA: When does the “renunciation” rule NOT apply in trust litigation?
Gossett v. Gossett, — So.3d —-, 2015 WL 8947627 (Fla. 4th
Continue Reading 4th DCA: When does the “renunciation” rule NOT apply in trust litigation?
The sins of our fathers. Does Florida’s “slayer rule” also disinherit a killer’s descendants?
This is the latest chapter in the battle over the fortune of
Continue Reading The sins of our fathers. Does Florida’s “slayer rule” also disinherit a killer’s descendants?
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
Continue Reading Can you challenge “joint” accounts and “POD” accounts on undue influence grounds in nonprobate inheritance cases?
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
Continue Reading Is a “notarial will” that’s valid in Argentina also valid in Florida?
Can you sue a Florida trust protector for breach of fiduciary duty?
Over the last few years there’s been a trend towards wider use
Continue Reading Can you sue a Florida trust protector for breach of fiduciary duty?
Can a trial judge assess over $85,000 in attorneys fees against beneficiaries for suing a trustee who committed “numerous breaches” of fiduciary duty?
The default rule in most civil trials is that win or lose,
Continue Reading Can a trial judge assess over $85,000 in attorneys fees against beneficiaries for suing a trustee who committed “numerous breaches” of fiduciary duty?
California court invalidates power of appointment; disinherited heir gets 1/3 of $55M trust
Assume you have a case involving a $55 million trust created under
Continue Reading California court invalidates power of appointment; disinherited heir gets 1/3 of $55M trust
Is Florida’s trust-reformation statute limited to only fixing “simple scrivener’s errors”?
When it comes to wills and trusts, drafting mistakes come in all
Continue Reading Is Florida’s trust-reformation statute limited to only fixing “simple scrivener’s errors”?