FL Probate Blog
Category: Estate Litigation
A POD designation can be invalidated for undue influence and recipient of the funds ordered to return the funds.
Many Estate plans involve what are commonly referred to as “pay-on-death” or “POD” accounts. These accounts are commonly created as a
TORTIOUS INTERFERENCE WITH AN EXPECTANCY IS AN INTENTIONAL TORT AND THE DISAPPOINTED BENEFICIARY IS THE PERSON WITH STANDING TO BRING THE CLAIM
Tortious interference with an expectancy has been a recognized tort theory in Florida since 1966. Allen v. Leybourne 190
When is “failure to exhaust probate remedies” properly asserted as an affirmative defense to a tortious interference with an expectancy action? The answer is almost never. (Click here for information about the tort action.)
The Dewitt v. Duce, 408_So.2d_216, (Fla. 1981), holding
In a word, yes.
In a blow to the unwed in the State of Florida, the Fourth District Court of Appeal recently held that an operating agreement entered into by a deceased business owner (the “Decedent”) trumped his stated testamentary intent
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
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
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.