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”?
4th DCA: Is a spousal undue influence claim viable under Florida law?
Blinn v. Carlman, — So.3d —-, 2015 WL 1223665 (Fla. 4th
Continue Reading 4th DCA: Is a spousal undue influence claim viable under Florida law?
Can “trust protectors” be used to privatize Florida trust-construction disputes?
In what could be a ground breaking decision, for the very first
Continue Reading Can “trust protectors” be used to privatize Florida trust-construction disputes?
Can a probate judge ignore your caveat and admit a challenged will to probate before the will contest is adjudicated?
Platt v. Osteen, — So.3d —-, 2012 WL 6629650 (Fla. 5th
Continue Reading Can a probate judge ignore your caveat and admit a challenged will to probate before the will contest is adjudicated?
Does Florida’s Trust Code limit — or expand upon — existing common law when it comes to terminating irrevocable trusts?
Peck v. Peck, 133 So.3d 587 (Fla. 2d DCA February 26,
Continue Reading Does Florida’s Trust Code limit — or expand upon — existing common law when it comes to terminating irrevocable trusts?
Once a probate judge grants a motion to compel arbitration, can that same judge dismiss the claim because one side fails to initiate the arbitration proceeding on a timely basis?
Why any estate planner would in good conscience subject his or her
Continue Reading Once a probate judge grants a motion to compel arbitration, can that same judge dismiss the claim because one side fails to initiate the arbitration proceeding on a timely basis?What litigators can learn from the OCC’s “Comptroller’s Handbook for Fiduciary Activities”
The fiduciary duty of care sets the minimum level of diligence and
Continue Reading What litigators can learn from the OCC’s “Comptroller’s Handbook for Fiduciary Activities”
DIY estate planning + technical execution defects = partial intestacy contrary to grantor’s “true” intent
Aldrich v. Basile, — So.3d —-, 2014 WL 1240073 (Fla. March
Continue Reading DIY estate planning + technical execution defects = partial intestacy contrary to grantor’s “true” intent
Does buyer’s remorse equal “coercion” sufficient to get you out of a mediated settlement agreement?
Most inheritance cases settle, and most settlement agreements are never contested. But
Continue Reading Does buyer’s remorse equal “coercion” sufficient to get you out of a mediated settlement agreement?
Alimony claim vs. creditor protected trust. Who wins?
If you’re a family-law or trusts and estates lawyer, you can’t ignore
Continue Reading Alimony claim vs. creditor protected trust. Who wins?