In the right circumstances, no-contest or in terrorem clauses can be effective
Continue Reading Can $5 million gift to surviving spouse be conditioned on a prior waiver of her elective-share rights?
What’s the “renunciation” rule and when does it apply to will and trust contests?
There’s nothing wrong with hedging your bets in litigation by asserting alternate —
Continue Reading What’s the “renunciation” rule and when does it apply to will and trust contests?Does a dutiful adult child caring for an elderly parent = undue influence?
Estate of Kester v. Rocco, — So.3d —-, 2013 WL 3155849
Continue Reading Does a dutiful adult child caring for an elderly parent = undue influence?
Is adult adoption for inheritance purposes against Florida public policy?
The adult adoption order at the center of the 3d DCA’s recently
Continue Reading Is adult adoption for inheritance purposes against Florida public policy?
3d DCA says NO to adoption of 42 year old girlfriend; ends ploy to raid 1/3 share of $300 million trust fund
In this sharply worded opinion the 3d DCA struck down an order
Continue Reading 3d DCA says NO to adoption of 42 year old girlfriend; ends ploy to raid 1/3 share of $300 million trust fund
U.S. Supreme Court to decide when a breach-of-trust judgment against a former trustee is dischargeable in bankruptcy
Bullock v. BankChampaign, N.A., 133 S.Ct. 526 (U.S. October 29, 2012) [
Continue Reading U.S. Supreme Court to decide when a breach-of-trust judgment against a former trustee is dischargeable in bankruptcy
If your witness can’t testify to the “content” of the lost will, do you still have a case?
This is the second time this case has been up on appeal. The
Continue Reading If your witness can’t testify to the “content” of the lost will, do you still have a case?4th DCA: Can filing a time-barred will contest get you (and your lawyer) sanctioned?
Shuck v. Smalls, — So.3d —-, 2012 WL 6027820 (Fla. 4th
Continue Reading 4th DCA: Can filing a time-barred will contest get you (and your lawyer) sanctioned?
3d DCA: Can a trustee be personally liable for an opposing party’s legal fees in a breach of trust lawsuit?
Jacobson v. Sklaire, — So.3d —-, 2012 WL 1414447 (Fla. 3d
Can you challenge the validity of a revocable trust without also contesting the pour-over will?
The popularity of revocable trusts and pour-over wills as “package deals” creates
Continue Reading Can you challenge the validity of a revocable trust without also contesting the pour-over will?