FL Probate Blog
The Law Offices of Adrian Philip Thomas
Can a court consider extrinsic evidence when asked to modify a trust under the judicial modification statutes even if the trust instrument is unambiguous? YES!
Historically, common law rules of construction provided that the intent of a settlor of a trust
Florida Statute § 736.0406 Effect of fraud, duress, mistake, or undue influence.— If the creation, amendment, or restatement of a trust is procured by fraud, duress, mistake, or undue influence, the trust or any part so procured is void. The remainder of
People create trusts for a variety of reasons. Some create them for creditor protection. Others create them because they are concerned about providing the beneficiaries with large sums of money all at once. Although these reasons may be valid and
What rights does a divorced spouse have to inherit from a former spouse’s estate?
Fla. Stat. § 732.703 became effective in 2012 and concerns beneficiary designations on life insurance policies, annuities, IRAs, 401ks and other employee benefit plans. The statute is perceived
Can we agree to something else?
The law in Florida is clear in its intentions to protect a surviving spouse from being disinherited. Fla. Stat. 732.201-732.2155 specifies the applicable rules for a surviving spouse to claim the elective share, which essentially
In Florida, one of the pleading requirements for a Will Contest or Trust Contest is a general allegation in the complaint that the contestant renounces any benefit he or she receives under the challenged document.
The “renunciation rule” is an equitable doctrine
A No Contest Clause is a provision in a will or trust that penalizes an interested person who seeks to contest or challenge the validity of the will or trust instrument. These clauses are sometimes referred to as in terrorem clauses. Generally,
Florida Statute 732.501 requires, amongst other things, that the testator be “of sound mind” when executing the Will. Testamentary capacity means the ability to understand generally the nature and extent of one’s property, the relationship of those who would be
FLORIDA APPELLATE COURT RULES SUCCESSOR PERSONAL REPRESENTATIVE IS ALLOWED TO SUE A FORMER PERSONAL REPRESENTATIVE’S ATTORNEY FOR MALPRACTICE
Bookman v. Davidson, — So.3d —-, 2014 WL 1772707 (Fla. 1st DCA May 05, 2014)
A lawsuit was filed in Florida alleging the initial
ORAL AGREEMENTS SUFFICIENT UNDER FLORIDA LAW TO DIVIDE INHERITANCE FROM PARENTS
Can siblings verbally agree to divide an inheritance prior to their parent’s or grandparent’s death? The answer in Florida is Yes.
In is widely accepted that in order for an agreement