• Most Recent
• Highest Rated
• Hot Comments

Florida Probate & Trust Litigation Blog (5 unread)

• 4th & 2d DCA on "in camera" review of privileged documents in probate litigation

  If you're an estate planner, it's only a matter of time until someone asks you to turn over a deceased client's estate planning file. Don't automatically say "yes," you'd be surprised (horrified!) by the ethical traps lurking in this seemingly simple request (if you want to make sure you don't get [...]

  Share  |  Rate

• 5th DCA: Does inter vivos gift of stock automatically fail if stock certificate remained registered in donor's name at death?

  Welch v. Dececco, --- So.3d ----, 2012 WL 5969623 (Fla. 5th DCA November 30, 2012)

  When and "if" a gift actually occurs can be a tricky, fact-intensive issue to decide. A few years ago I wrote here about a contested gift by former major league ball player Dennis L. Rasmussen [...]

  Share  |  Rate

• AAA's new Wills and Trusts Arbitration Rules and Mediation Procedures

  As end users of Florida's court system, trusts and estates lawyers know all too well the negative consequences of an underfunded judiciary. What may not be as clearly apparent is that our clients do have the power to largely "opt out" of the public court system. How? Think alternative dispute resolution or ADR. In [...]

  Share  |  Rate

• 3d DCA says NO to adoption of 42 year old girlfriend; ends ploy to raid 1/3 share of $300 million trust fund

  Goodman v. Goodman, --- So.3d ----, 2013 WL 1222944 (Fla. 3d DCA March 27, 2013)

  In a sharply worded opinion the 3d DCA struck down an order by Miami trial-court Judge Antonio Marin allowing embattled Palm Beach polo tycoon John B. Goodman to adopt his 42-year old girlfriend. [...]

  Share  |  Rate

• Before the Party's Over: Arguments For and Against Pre-Death Will Contests

  Certainty. It's the Holy Grail of estate planning and non-existent in any will contest. Here's how one judge put it over a century ago:

  "[P]ost mortem squabblings and contests on mental condition . . . have made a will the least secure of all human dealings, and made it doubtful whether in some [...]

  Share  |  Rate

• 2d DCA: Can a judge cut your attorney's fees in a contested guardianship proceeding without explaining why?

  In re Guardianship of Ansley, 94 So.3d 711 (Fla. 2d DCA August 17, 2012)

  As I recently wrote here, a judge's attorney's fee order is automatically subject to reversal if it doesn't contain detailed findings of fact explaining why and how the judge arrived at his or her final fee-award conclusions.

  Transparency [...]

  Share  |  Rate

• U.S. Supreme Court to decide when a breach-of-trust judgment against a former trustee is dischargeable in bankruptcy

  Bullock v. BankChampaign, N.A., 133 S.Ct. 526 (U.S. October 29, 2012) [docket]

  Trusts and estates cases rarely make it to the U.S. Supreme Court, so when they do it's big news [e.g., see here]. This time around the Supreme Court's granted cert in a case arising out of our very [...]

  Share  |  Rate

• Predicting the future of the U.S. estate tax

  Anyone can tell you what the current state of the law is when it comes to the federal estate and gift tax rules (news flash: for the first time in over a decade they're permanent, click here). For those of us in the trenches, the more interesting question is "what's next?" 

  If' [...]

  Share  |  Rate

• 3d DCA: 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?

  Albelo v. Southern Oak Ins. Co., --- So.3d ----, 2013 WL 440199 (Fla. 3d DCA February 06, 2013)

  Durable powers of attorney (DPOA's) empower disabled or incapacitated adults to manage their business and personal affairs privately and without court supervision. This includes handling litigation. That's the law. If you don't like it, get the' [...]

  Share  |  Rate

• 2d DCA: Is personal service of process needed to challenge a DPOA?

  Griffith v. Slade, 95 So.3d 982 (Fla. 2d DCA August 22, 2012) 

  Contesting durable powers of attorney (DPOA's) is the kind of case that usually ends up on a probate litigator's desk. Probate matters are all in rem proceedings. Since in rem proceedings aren't based on personal jurisdiction,' [...]

  Share  |  Rate