Topics

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

Florida needs to adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction ActInterview 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?

Creditors' Claims

What's the "probate exception" and why should trusts and estates litigators care?Are real property title disputes probate creditor "claims"?Florida supreme court: casualty insurance claims are subject to Probate Code's two-year non-claim statute

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

Homestead Litigation

Of heirs property and lady bird deedsWhen is a homestead waiver ... not a homestead waiver?Is a homestead order entered by a probate judge lacking jurisdictional authority binding on third parties?

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

Are Turkish testamentary marital property rights enforceable in Florida?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?

Mediation & Arbitration

How to insulate your settlement agreement from being undone on fraudulent inducement groundsCollaborative Process: Are Probate and Trust Disputes on the Horizon?

Musings on the Practice of Law

FY 2023-24 Probate Court Filing Statistics: How busy are our probate judges?Creative Strategies for Defending Cases Involving Tortious Interference With Inheritance Expectation ClaimsThe Difficulty of Crossing a Field

New Probate & Trust Cases

Does a trustee's breach of fiduciary duty -- without evidence of fraud or malice -- warrant punitive damages?Creative Strategies for Defending Cases Involving Tortious Interference With Inheritance Expectation ClaimsWhat's a "convenience account" and why should probate attorneys care?

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

Does a trustee's breach of fiduciary duty -- without evidence of fraud or malice -- warrant punitive damages?What's a "convenience account" and why should probate attorneys care?Are trustees and beneficiaries of a decedent's trust "interested persons" of his probate estate?

Probate & Guardianship Statutes

The Difficulty of Crossing a FieldFlorida Uniform Disposition of Community Property Rights at Death Act: Time for an Update?To Share and Share Alike: an Examination of the Treatment of Community Property in Florida and the new Florida Community Property Trust Act

Removal of Personal Representatives and Surcharge

Do the same standards of conduct apply when appointing and removing a personal representative?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?

Settling, Mediating & Arbitrating Inheritance Cases

How to insulate your settlement agreement from being undone on fraudulent inducement groundsWhat's it take to make sure a trustee/beneficiary settlement agreement's binding?Collaborative Process: Are Probate and Trust Disputes on the Horizon?

Spousal Elective Share Claims

Do you need a court order to file a late elective-share claim?2017 legislative news: Big Changes to Florida's Elective Share StatutesCan a surviving spouse’s $12.5 million "elective share" be reduced to pay attorney's fees?

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 Aretha Franklin will contest never would have happened in FloridaOf heirs property and lady bird deedsFlorida leaders give more love to family trusts of the super-rich

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

The Difficulty of Crossing a FieldDoes Florida's Slayer Statute require a murder conviction to apply?Blatant self promotion: Contentious Trusts and Estates SIG Elections - Vote by Friday, December 1, 2017

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

Does a trustee's breach of fiduciary duty -- without evidence of fraud or malice -- warrant punitive damages?Creative Strategies for Defending Cases Involving Tortious Interference With Inheritance Expectation ClaimsThe Aretha Franklin will contest never would have happened in Florida

Will Construction Litigation

Can a posthumously conceived child be a beneficiary of your will?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

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