Sefton v. Sefton, — Cal.Rptr.3d —-, 2015 WL 1870302 (Cal.App. 4 Dist. April 24, 2015)
Assume you have a case involving a $55 million trust created under “Grandfather’s” Will, that provides for a life-time trust for his son (“Father”), …
Will Construction Litigation
Is Florida’s trust-reformation statute limited to only fixing “simple scrivener’s errors”?
Megiel-Rollo v. Megiel, — So.3d —-, 2015 WL 1740365 (Fla. 2d DCA April 17, 2015)
When it comes to wills and trusts, drafting mistakes come in all shapes and sizes. If the document’s written in a sloppy way that’s …
Can “trust protectors” be used to privatize Florida trust-construction disputes?
Minassian v. Rachins, — So.3d —-, 2014 WL 6775269 (Fla. 4th DCA December 03, 2014)
In what could be a ground breaking decision, for the very first time we now have a Florida appellate court explicitly sanctioning the use …
Does an adjudication of paternity = “adoption” for purposes of Florida’s pretermitted child statute?
By Juan C. Antúnez on
Posted in Will Construction Litigation
Estate of Maher v. Iglikova, — So.3d —-, 2014 WL 1386660 (Fla. 3d DCA April 09, 2014)
In 2004 James Maher’s small twin-engine plane went missing somewhere over the jungle between Honduras and Costa Rica (see here). His …
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?
By Juan C. Antúnez on
Posted in Will Construction Litigation
Cody v. Cody, — So.3d —-, 2013 WL 6171299 (Fla. 1st DCA November 26, 2013)
The wills at the center of this case were ticking time bombs from the moment Mr. and Mrs. Martin signed them in 2007. Mrs. …
Can the “equitable exception” doctrine salvage a will’s non-existent exercise of a power of appointment?
By Juan C. Antúnez on
Posted in Will Construction Litigation
Cessac v. Stevens, — So.3d —-, 2013 WL 6097315 (Fla. 1st DCA November 20, 2013)
The grant of a power of appointment to a trust beneficiary offers flexibility in an estate plan that’s virtually impossible to achieve any other …
2d DCA: If a Colorado court accepts a Colorado decedent’s unwitnessed, self-written (holographic) will as valid, is the will valid in Florida?
By Juan C. Antúnez on
Posted in Practice & Procedure, Will Construction Litigation
Lee v. Estate of Payne, — So.3d —-, 2013 WL 5225200 (Fla. 2d DCA September 18, 2013)
Under F.S. 732.502(2), oral (nuncupative) wills and unwitnessed self-written (holographic) wills aren’t valid in Florida under any…
4th DCA: Miami Care Foundation vs. Miami Children’s Hospital Foundation: drafting error or ambiguity?
By Juan C. Antúnez on
Posted in Will Construction Litigation
Miami Children’s Hosp. Found., Inc. v. Estate of Hillman, — So.3d —-, 2012 WL 4795648 (Fla. 4th DCA October 10, 2012)
In April 2004 Elaine B. Hillman amended her trust, including the following charitable bequest:
TWENTY–FIVE PERCENT (25%) to …
3d DCA: Can a valid written Will morph into an invalid “oral” Will?
By Juan C. Antúnez on
Posted in Will Construction Litigation
Glenn v. Roberts, — So.3d —-, 2012 WL 2327756 (Fla. 3d DCA June 20, 2012)
In Florida, Wills have to be in writing; you can’t simply tell someone what you want done with your property after you die and …
What is Florida’s “nonademption” statute, and why should I care?
By Juan C. Antúnez on
Posted in Will Construction Litigation
Melican v. Parker, 289 Ga. 420 (May 31, 2011)
There are all sorts of reasons for why probate practice is interesting. Consider, for example, that even the simplest one-page will is governed by a complex body of law, developed over centuries, that appears …