Declaratory judgment actions can be uniquely useful tools for probate practitioners;
Continue Reading What’s it mean to challenge the “validity” of a will and why does it matter?
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”?
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?
Does an adjudication of paternity = “adoption” for purposes of Florida’s pretermitted child statute?
In 2004 James Maher’s small twin-engine plane went missing somewhere over the
Continue Reading Does an adjudication of paternity = “adoption” for purposes of Florida’s pretermitted child statute?
If my will gives everything to one of my three sons to divide among my heirs as he sees fit, can he keep it all for himself?
Can the “equitable exception” doctrine salvage a will’s non-existent exercise of a power of appointment?
If a Colorado court accepts a Colorado decedent’s unwitnessed, self-written (holographic) will as valid, is the will valid in Florida?
Under F.S. 732.502(2), oral (nuncupative) wills and unwitnessed self-written
Continue Reading If a Colorado court accepts a Colorado decedent’s unwitnessed, self-written (holographic) will as valid, is the will valid in Florida?
4th DCA: Miami Care Foundation vs. Miami Children’s Hospital Foundation: drafting error or ambiguity?
Can a valid written Will morph into an invalid “oral” Will?
In Florida, Wills have to be in writing; you can’t simply tell
Continue Reading Can a valid written Will morph into an invalid “oral” Will?