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Florida Probate & Trust Litigation Blog

• 4th DCA: Miami Care Foundation vs. Miami Children's Hospital Foundation: drafting error or ambiguity?

  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 MIAMI CHILDREN'S HOSPITAL FOUNDATION, CRANIAL/FACIAL FOUNDATION, located at 3000 S.W. 62nd [...]

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• Manipulating the Conduct of Beneficiaries with Conditional Gifts

  "Don't be original." Sage advice for estate planners. But sometimes clients insist on pulling us out of our comfort zones, especially when it comes to "doing what's best" for their children long after mom and dad have passed away. I mean, how can you argue with a guy who says' [...]

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• 2d DCA: If I withdraw funds from a joint checking account to buy myself a $58K Rolex and $19K diamond ring, who owns this stuff when I die?

  Connell v. Connell, --- So.3d ----, 2012 WL 3101842 (Fla. 2d DCA August 01, 2012)

  Joint bank accounts and other forms of joint property get litigated all the time in contested probate proceedings, which means they end up as recurring topics on this blog [see here, here, here, here]. [...]

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• Reliable, user-friendly homestead charts for the busy practitioner

  There's a good reason why homestead litigation is a recurring theme on this blog: it’s a non-intuitive thicket of complexity that can trip up even the best and brightest lawyers and judges [click here]. One way to cut through this complexity is to rely on trustworthy charts that graphically summarize the key [...]

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• 4th DCA: If you want to get your hands on trust property, file a complaint and follow the Rules of Civil Procedure

  Beekhuis v. Morris, --- So.3d ----, 2012 WL 2121258 (Fla. 4th DCA June 13, 2012)

  F.S. 736.0201 tells us that "judicial proceedings concerning trusts shall be commenced by filing a complaint and shall be governed by the Florida Rules of Civil Procedure." It's a simple rule, which I've been [...]

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• Estate planners beware: to err is human, but the cover up can land you in jail

  The competitive pressures and technical complexities of a sophisticated estate planning practice can be daunting. Not surprisingly, estate planning is one of the most common areas for legal malpractice claims. 

  For me, what really matters is not whether you've ever made a mistake (no one's perfect), it's what you do after' [...]

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• What Marilyn Monroe's recent estate battles can teach us about posthumous publicity rights under Florida law

  The stakes are high. Forbes Magazine lists Marilyn Monroe as the third-highest money-maker in its annual ranking of “The Top–Earning Dead Celebrities,” with an annual income of $27 million in 2011 alone. This income stream has been growing since Ms. Monroe's death 50 years ago in 1962, and if Forbes' 2011 figures are [...]

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• 4th DCA: Dramatically different evidentiary rules apply to "tenancy by the entireties" or "TBE" cases involving personal property vs. real estate

  There's trouble brewing over a bank account and vacant lot "Widow" claims she owned jointly as "tenancy by the entireties" or "TBE" property with her now deceased husband. The call with Widow's family lawyer went well, so you agree to meet with her to discuss the case. You won't have a prayer of properly evaluating' [...]

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• 4th DCA: Can you challenge the validity of a revocable trust without also contesting the pour-over will?

  Pasquale v. Loving, --- So.3d ---- 2012 WL 933030 (Fla. 4th DCA March 21, 2012)

  The popularity of revocable trusts and pour-over wills as "package deals" creates interesting strategic choices when challenging their validity; all of which revolve around legitimately exploiting the procedural and substantive differences between probate actions (think will contest) [...]

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• 1st DCA: Can a revocable trust waive the creditor-exempt status of life insurance proceeds? And if in hindsight that turns out to be a mistake, can the trust be modified to undo the waiver?

  Morey v. Everbank, --- So.3d ----, 2012 WL 3000608 (Fla. 1st DCA July 24, 2012)

  Florida has a well earned reputation for being almost ridiculously generous when it comes to creditor protection. Our unlimited homestead protection usually gets most of the attention, but the goodies don't end there. For example, under [...]

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