Appellate Practice in Probate

Fla SC: New appellate rule for probate & guardianship proceedings4th DCA: An order simply "granting" a summary judgment motion isn't worth the paper it's written on1st DCA: Not all probate orders are appealable

Compensation Disputes

A civil dispute over guardianshipWhen do you have to give notice if you're trying to get your attorney's fees paid from a trust under F.S. 736.1005?Court says YES to $24.6 million in trustee fees; NO to hourly billing

Contested Guardianship Proceedings

Interview with an Elder Law Lawyer: Enrique ZamoraWhat's the right way and the wrong way to litigate a revocable trust while the settlor's alive?How to ethically represent disabled adults in contested guardianship proceedings

Creditors' Claims

If a married couple transfers their tenants by the entireties (TBE) property to a joint trust, have they forfeited its creditor protection shield?When's a creditor claim decided in the Probate Division, and when's it decided in the Civil Division?Partnership Agreement vs Will. Who wins?

Dependent Relative Revocation Doctrine

2d DCA: What’s the “dependent relative revocation” doctrine and why should trusts and estates lawyers care?Ethics violation = undue influence = attorney and paralegal forfeit $7.2 million bequestWill contest casts a shadow on a prominent St. Petersburg estate-planning lawyer who stands to gain millions

Ethics & Malpractice Claims

How to ethically represent disabled adults in contested guardianship proceedingsWhat's it take to haul an Illinois estate planner into a Florida courtroom for malpractice?Will a guardianship judge's orders approving your client's actions shield you from third-party malpractice liability?

Gifts and Charities Litigation

Court says YES to donation of Janet Reno's home to Miami-Dade CollegeDead people leave billions in their wills. How long do we have to listen to them?The Corcoran Gallery of Art’s trustees expertly manage the public advocacy facet of their case in support of requested "cy pres" court ruling

Homestead Litigation

Is a homestead order entered by a probate judge lacking jurisdictional authority binding on third parties?Does a signed "consent" = "written agreement" to altering your share of an estate?Can "excusable neglect" get you an extension to file a late homestead election?

Interview with a Probate Lawyer

Interview with an Elder Law Lawyer: Enrique ZamoraInterview with a Probate Lawyer: Shannon M. MillerInterview with a Probate Lawyer: Steven K. Schwartz

Litigation Committee

Probate and Trust Litigation Committee Meeting Reports/White PapersProbate and Trust Litigation Committee Meeting Reports/White PapersProbate and Trust Litigation Committee Meeting Reports/White Papers

Marital Agreements and Spousal Rights

A User’s Guide to Prosecuting Claims under Florida’s Uniform Disposition of Community Property Rights at Death ActPrenuptial agreement vs. revocable trust: who wins?Does Florida's post-divorce automatic revocation rule for Wills apply to fiancés?

Mediation & Arbitration

Collaborative Process: Are Probate and Trust Disputes on the Horizon?

Musings on the Practice of Law

The 1846 Last Will of John Sutton—What’s Not So New in Will Drafting and ContestsWill there be a rush to electronic wills?Is it moral to honor the wishes of the dead, above the living?

New Probate & Trust Cases

When does the probate look through rule apply, and why should you care?Do dead people own property? Court says NO, dismisses Helms-Burton Act claims.Can you challenge the revocation of a revocable trust on undue influence grounds? Statute says YES, 4th DCA says NO. I say ... what?!

Power of Attorney Litigation

What's it take to prove criminal "intent" in exploitation of the elderly cases?Can arguing for the appointment of a court-appointed guardian to handle litigation for an incapacitated adult if she previously executed a valid DPOA get you (and your lawyer) sanctioned?Is personal service of process needed to challenge a DPOA?

Practice & Procedure

When does the probate look through rule apply, and why should you care?Do dead people own property? Court says NO, dismisses Helms-Burton Act claims.For out-of-wedlock children, what counts as a "written acknowledgment" of paternity?

Probate & Guardianship Statutes

2021 Legislative Update + Backstories (Part 3)2021 Legislative Update + Backstories (Part 2)2021 Legislative Update + Backstories (Part 1)

Removal of Personal Representatives and Surcharge

Florida must recognize gay widower’s Delaware marriage for purposes of appointing the non-resident personal representative of his ancillary estate, Palm Beach probate judge rulesAre evidentiary hearings required when removing a PR or refusing to appoint a PR with statutory priority?3d DCA: Is a PR entitled to due process prior to being removed by court order?

Settling, Mediating & Arbitrating Inheritance Cases

What's it take to make sure a trustee/beneficiary settlement agreement's binding?Collaborative Process: Are Probate and Trust Disputes on the Horizon?2017 . . . A probate mediator’s guide to 2017 Mediator Ethics Advisory Committee (MEAC) Opinions

Spousal Elective Share Claims

2017 legislative news: Big Changes to Florida's Elective Share Statutes4th DCA: Can a surviving spouse’s $12.5 million "elective share" be reduced to pay attorney's fees?2d DCA: When can a second wife subpoena confidential business records of a closely-held corporation founded by her deceased husband?

Tax Cases

What's the "origin of the claim" doctrine and why should trusts and estates litigators care?Tax the Rich?Will a faith-based arbitration clause disqualify your trust for tax purposes?

Trust and Estates Litigation In the News

The Schottenstein Affair: FINRA arbitration as yet another inheritance litigation venueThe 1846 Last Will of John Sutton—What’s Not So New in Will Drafting and ContestsElizabeth Hurley's Son Prevails in Inheritance Fight: A Florida lawyer's thoughts

Trust Law Committee

Trust Law Committee Meeting Reports/White PapersOffice of Tax Analysis of the Treasury Dept. has published a paper titled "The Federal Gift Tax: History, Law, and Economics."Trust Law Committee White Papers

Trustees In Hot Water

Has all of Florida’s common law for modifying or terminating irrevocable trusts been replaced by statute?What's a "qualified beneficiary" and why should trustees care?Trust protectors; they're like trustees, but not quite. So can they get sued?

Uncategorized

Blatant self promotion: Contentious Trusts and Estates SIG Elections - Vote by Friday, December 1, 2017Firm announcement: Juan Antúnez voted the 2016 lawyer of the year by "Best Lawyers" for trusts and estates litigation in Miami, Florida

White Papers - RPPTL Comm

An Economic Theory of Fiduciary LawWhy Fiduciary Law Is EquitableMay 31, 2012 Probate and Trust Litigation Committee Subcommittee Reports

Will and Trust Contests

Can you challenge the revocation of a revocable trust on undue influence grounds? Statute says YES, 4th DCA says NO. I say ... what?!Assessment of Older Adults with Diminished Capacity: A Handbook for PsychologistsFor out-of-wedlock children, what counts as a "written acknowledgment" of paternity?

Will Construction Litigation

California court invalidates power of appointment; disinherited heir gets 1/3 of $55M trustIs Florida's trust-reformation statute limited to only fixing "simple scrivener's errors"?Can “trust protectors” be used to privatize Florida trust-construction disputes?

Wrongful Death Claims

When does a probate judge NOT have jurisdiction over contested property?3d DCA says yes to Florida's "relation back" doctrineForgetting That Wrongful Death Claims Are Litigated Within the Context of Probate Proceedings Can Be a VERY Costly Mistake