Posts in March, 2009

Mar 30 Intestacy and Same Sex Couples: Probate Needs Progressive Help From Legislatures

The laws of intestacy exist in every state and take effect whenever a person dies without a Last Will and Testament or where a ...

Mar 16 Power of Attorney – What Happens When the Holder Says No?

Can an agent’s failure to make gifts create liability for intentional interference with an expectancy? When someone executes a ...

Mar 12 How Far May the Witness Wander?

Fifth District Court of Appeals Shed’s Light on the meaning of the requirement that witnesses must sign in the testator’s ...

Mar 09 Hey! Where’s My Gift?

Ademption: Specific Gifts Not Owned At Time of Will Execution Do Not Adeem Ademption is a probate concept wherein a determination ...

Mar 06 Breach of Fiduciary Claim: A Case Study

Third District Finds Miami Probate Court Erred in Requiring Litigants to Prove Undue Influence as Part of a Breach of Fiduciary ...

Mar 06 What Happens to Frozen Sperm After the Donor’s Death?

Joseph and Iris Kievernagel were married for ten years and then decided to have a child using in vitro fertilization (“IVF”). ...