Posts in April, 2009

Apr 29 Divorce Does Not Dissolve Beneficial Interest in Trust

Court Refuses to Use Merger to Disinherit Former Spouse. What is the doctrine of a merger? The doctrine of merger is set forth in ...

Apr 29 What Happens When Mistakes are Made in a Will?

Mistakes happen all the time when people are making their estate planning documents. The law is designed to provide fair remedies ...

Apr 24 What Happens When a Person Dies and the Will Cannot Be Found?

The Restatement (Third) Property (Wills and Donative Transfers) §4.1 provides that “if a will cannot be located after death, but ...

Apr 16 Substance over Form: What is necessary for a valid transfer of property into a trust?

The court holds the trust instrument was effective in transferring both real and personal property to the trust. Prior to ...

Apr 16 Can a child be unintentionally excluded from a parent’s revocable trust?

In Florida, and many other states, there are protections written into the probate code which purport to protect children from ...

Apr 13 How to Overcome the “Negative Will”

Can disinherited heirs still take inheritance by intestacy? Sometimes a testator leaves a last will that expresses his or her ...