FL Probate Blog
The Law Offices of Adrian Philip Thomas
What impact does a prenuptial agreement have upon title to the assets of a trust and the rights of trust beneficiaries?
The importance of that question was highlighted by a recent Second District Court of Appeals case, Shakespeare v. Prince, 129
FLORIDA PRENEED GUARDIAN AS PART OF YOUR ESTATE PLAN
Everyone’s estate plan is different. Some people are content with having only a will and trust to manage and distribute their financial assets after death. However, others find it appropriate to name
Typically, a trustee serves its accounting on beneficiaries which discloses all matters involving the trusts. Under normal circumstances, a beneficiary then has four years from receipt of the accounting to bring an action for breach of fiduciary duty. If an
A Cautionary Tale from the First District Court of Appeal: exercise a power of appointment with great care to avoid harsh results.
In general, Florida Circuit Courts sit in equity over trust and will disputes and are thus empowered to look
by Adrian Thomas
When can a mediated settlement agreement be set aside?
The First District Court of Appeal recently decided Pierce v. Pierce (In re Estate of Pierce), 2013 Fla. App. LEXIS 19597, 2013 WL 6438955 (Fla. Dist. Ct. App. 1st Dist.
It is often the case that people pass away with real property located in various states. What occurs when there is a bona fide dispute over where your loved-one was actually domiciled on the date of his or her death?
SECOND DISTRICT COURT OF APPEALS
CERTIFIES QUESTION OF GREAT PUBLIC IMPORTANCE
TO THE FLORIDA SUPREME COURT REGARDING
FUNDAMENTAL CONSTITUTIONAL RIGHT FOR A PERSON
TO DISPOSE OF PROPERTY BY WILL
Florida will lawyers and trust lawyers frequently assert
Ohio and Florida share many characteristics: love of college football and family values, among others. But when it comes to the procedures to evaluate the validity of testamentary instruments, Ohio and Florida part ways significantly. The most glaring difference is
Florida is an ideal location for retirement. Retirees from all over the country migrate to Florida to enjoy the beaches, laid-back lifestyle, seemingly endless entertainment options, favorable tax laws, and most of all, the weather. Unfortunately, a surplus of elderly
A large number of cases that we litigate regard a will or a trust that our client believes should be invalidated on the basis of undue influence. In order to prove such a case, it must be shown that that