Creditors' Claims
Can your probate judge enforce your settlement agreement or do you have to file a new lawsuit?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?
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
Florida's new and improved ethics rule 4-1.14 is an important and much needed tool for lawyers representing clients with diminished capacityHow to ethically represent disabled adults in contested guardianship proceedingsWhat's it take to haul an Illinois estate planner into a Florida courtroom for malpractice?
Gifts and Charities Litigation
Court says YES to alternate charitable donation of Janet Reno's home; Florida's "cy pres" doctrine saves the dayDead 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
Marital Agreements and Spousal Rights
Do you need a court order to file a late elective-share claim?If a married couple take title to their home jointly, does the deed have to say anything else to trigger the tenancy by the entireties (TBE) presumption?A User’s Guide to Prosecuting Claims under Florida’s Uniform Disposition of Community Property Rights at Death Act
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?
Probate & Guardianship Statutes
What families, trust protectors, directed trustees, and the bankers and lawyers who work with them need to know about Florida’s new Uniform Directed Trust ActDoes Florida's Slayer Statute require a murder conviction to apply?Florida's new and improved ethics rule 4-1.14 is an important and much needed tool for lawyers representing clients with diminished capacity
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?
Trust and Estates Litigation In the News
What families, trust protectors, directed trustees, and the bankers and lawyers who work with them need to know about Florida’s new Uniform Directed Trust ActBending the Arc of History by Terrence FranklinFlorida needs to adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
Uncategorized
Does Florida's Slayer Statute require a murder conviction to apply?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
Will and Trust Contests
Can your probate judge enforce your settlement agreement or do you have to file a new lawsuit?What's it mean to challenge the "validity" of a will and why does it matter?Can you challenge the revocation of a revocable trust on undue influence grounds? Statute says YES, 4th DCA says NO. I say ... what?!