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?
Are trustees entitled to due process prior to being removed?
It says it right in the trust code: trust litigation must be
Continue Reading Are trustees entitled to due process prior to being removed?
Of lost wills, cloud computing, and the vagaries of witness testimony
This is a lost will case. The pitfalls lurking under the surface of
Continue Reading Of lost wills, cloud computing, and the vagaries of witness testimony2d DCA: If a probate will contest and a civil trust action involving the same facts are both pending, is the right answer to “abate” one of the cases or “consolidate” them into a single trial?
What happens when Formal Notice is given to a caveator, and the caveator fails to timely file responses and affirmative defenses?
When an interested person files a caveat to a will, F.S. §
Continue Reading What happens when Formal Notice is given to a caveator, and the caveator fails to timely file responses and affirmative defenses?
Can a posthumously conceived child be an intestate heir of your estate?
Advancements in assisted reproductive technology have created a class of children that
Continue Reading Can a posthumously conceived child be an intestate heir of your estate?
What’s the standard for setting aside a will on “insane delusion” grounds?
In a case concerning the “insane delusion” question, a mother thought that
Continue Reading What’s the standard for setting aside a will on “insane delusion” grounds?
4th DCA: How to plead breach of a “will contract” under Florida law
Shapiro v. Tulin, — So.3d —-, 2011 WL 1878014 (Fla. 4th
Continue Reading 4th DCA: How to plead breach of a “will contract” under Florida law
When does the statute of limitations clock start ticking on a breach of trust lawsuit against a trustee?
Under F.S. 95.031, the statute of limitations period for most lawsuits
Continue Reading When does the statute of limitations clock start ticking on a breach of trust lawsuit against a trustee?
5th DCA: No damages = no trustee surcharge action
Miller v. Miller, — So.3d —-, 2012 WL 1365064 (Fla. 5th
Continue Reading 5th DCA: No damages = no trustee surcharge action