FL Probate Blog
Monthly Archives: November 2008
Why The Slayer Rule May Prevent the Slayer’s Estate From Benefiting From the Slayer’s Act
By Adrian P. Thomas
Nullus Commodum capere potest de injuria sua propria
(No man can take advantage of his own wrong)
Some readers may be familiar with one of
Fifth District Rules Plain Language Govern Interpretation of Ante-Nuptial Agreement
What is a Prenuptial Agreement?
A Premarital or prenuptial or antenuptial agreement means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. The agreement typically
Fourth District Court of Appeals provides guidance on determination of exempt property.In Florida, the law provides that the surviving spouse of a decedent (or the decedent’s children if no surviving spouse) has a right to a share of the decedent’s
Previous blog posts have discussed the fundamentals of will contests in Florida. These actions occur when a will is offered for probate (See Post dated October 28, 2008 What is the Definition of Probate) which is always after the testator
Resulting trusts are a fiction of the law that arises where property is transferred or acquired by one under facts and circumstances which indicate that the beneficial interest is not intended to be enjoyed by the holder of legal title.
Third District Court of Appeals Upholds Terms of Settlement Agreement Between BeneficiariesThe sanctity of the signed settlement agreement was confirmed on October 29, 2008 when the Third District issued its opinion in Charles Brindle v. Richard W. Brindle, –So.2d–, 2008