We’ve all been there: you’ve been locked in mediation for hours and
Continue Reading Can “unilateral mistake” get a probate litigant out of a settlement agreement?
3d DCA: When will an appellate court reverse a probate judge on a pure fact question?
4th DCA: What’s a “cestui que trust” and can it sue my trustee client?!
Wells v. Wells, — So.3d —-, 2009 WL 2949277 (Fla. 4th
Continue Reading 4th DCA: What’s a “cestui que trust” and can it sue my trustee client?!
4th DCA: Can a life tenant/trustee be held personally liable for damages?
Vaughn v. Boerckel, — So.3d —-, 2009 WL 3364856 (Fla. 4th
Continue Reading 4th DCA: Can a life tenant/trustee be held personally liable for damages?
Is Florida’s slayer statute equivalent to a forfeiture statute, awarding all of a killer’s property to the estate of the victim?
Silvia Locascio’s brutally beaten corpse was found in her home on October
Continue Reading Is Florida’s slayer statute equivalent to a forfeiture statute, awarding all of a killer’s property to the estate of the victim?
Bankr.S.D.Fla: Judgment against former trustee NOT dischargeable in bankruptcy
In re Barrett, Slip Copy, 2009 WL 2448153 (Bankr. S.D.Fla. Aug
Continue Reading Bankr.S.D.Fla: Judgment against former trustee NOT dischargeable in bankruptcy
Illinois Supreme Court upholds “Jewish Clause”
I previously wrote here about the so-called “Jewish Clause” at the heart
Continue Reading Illinois Supreme Court upholds “Jewish Clause”
Can you decide a virtual adoption claim before you fully litigate a related will contest?
McMullen v. Bennis, — So.3d —-, 2009 WL 2837426 (Fla. 3d
Continue Reading Can you decide a virtual adoption claim before you fully litigate a related will contest?
Determining a trust settlor’s “blood descendants”: The lessons of legal history vs. DNA testing
As DNA testing becomes evermore widespread, Florida probate judges and practitioners alike
Continue Reading Determining a trust settlor’s “blood descendants”: The lessons of legal history vs. DNA testing
2d DCA: Do you have to both “file” and “serve” to beat the 3-month limitations period for will contests?
Aguilar v. Aguilar, — So.3d —-, 2009 WL 2169133 (Fla. 2d