FL Probate Blog
Category: Estate Litigation
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.
We speak with clients everyday who worry that estate trust assets are going to waste or being actively misappropriated. Some cases involve breach of fiduciary duties, while others may involve fraud or undue influence in the inception.
Many families, upon the death of a loved one, along with dealing with the obvious associated pain, also unfortunately are presented with the situation where they believe that there may have been questionable circumstances involved in the process of the
The Florida Trust Code continues to grow and respond to the suggestions of the Florida Bar and Florida Trust Lawyers. A recent example is the recent enactment of Senate Bill 492 which made a number of changes
A valid spendthrift provision prevents a beneficiary from transferring his or her interest in the trust as well as prevents creditors or assignees of the beneficiary from reaching any of he trust funds until they are dispersed to the beneficiary.
Remedies Available in Florida Courts
Tortious interference with an inheritance is a relatively new but widely recognized tort that is currently accepted in Florida and half of the United States. Many other states have reported cases from their state Supreme Court
HOMESTEAD PROPERTY AND JOINT OWNERSHIP
“The home to everyone is to him his castle and fortress, as well for his defense against injury and violence, as for his repose.” Edward Coke.
Recently, new case
Broward County Trust Litigation cases are filed in the Seventeenth Judicial Circuit in Fort Lauderdale, Florida. Broward County cities include: Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale, Hollywood, Lauderdale-by-the-Sea, Lauderdale Lakes, Lauderhill, Lighthouse Point,
The Gold Digger
“She take my money when I’m in need
Yeah, she’s a triflin’ friend indeed
Oh, she’s a gold digger way over town
That digs on me.”
~ Ray Charles and Kanye West
While the lyrics may be slightly tongue-in-cheek,
Removal of Personal Representative: When conflicts between Personal Representatives and Beneficiaries create grounds for removal.
The administration of an estate can sometimes be a difficult and tedious process, which is further aggravated when the ever-present emotional aspects continue to linger,