Posts in 2014

Dec 18 Trust Modification under Florida’s Trust Code

Can a court consider extrinsic evidence when asked to modify a trust under the judicial modification statutes even if the trust ...

Sep 25 Undue Influence under Florida’s Trust Code

Florida Statute § 736.0406 Effect of fraud, duress, mistake, or undue influence. — If the creation, amendment, or restatement of a ...

Aug 12 Florida Trust Termination Laws

People create trusts for a variety of reasons. Some create them for creditor protection. Others create them because they are ...

Jul 02 Spousal Inheritance after Divorce

What rights does a divorced spouse have to inherit from a former spouse’s estate? Fla. Stat. § 732.703 became effective in 2012 ...

Jul 02 Elective Share for the Surviving Spouse

Can we agree to something else? The law in Florida is clear in its intentions to protect a surviving spouse from being ...

Jul 01 Qualified Renunciation

In Florida, one of the pleading requirements for a Will Contest or Trust Contest is a general allegation in the complaint that the ...