Posts in 2015

Dec 15 Pay-on-Death Accounts Can Be Invalidated for Undue Influence

A POD designation can be invalidated for undue influence and the recipient of the funds ordered to return the funds. Many Estate ...

Dec 14 Curator vs. Personal Representative

There are several scenarios that we are presented with wherein the appointment of a curator (or neutral fiduciary) is warranted ...

Nov 11 Florida Probate Creditor Claims

We have previously written entries regarding Fla. Stat. §733.702 and the time limitation for filing a creditor claim in an estate ...

Oct 21 Who Has Standing to Assert Claim for Tortious Interference With an Expectancy?

TORTIOUS INTERFERENCE WITH AN EXPECTANCY IS AN INTENTIONAL TORT AND THE DISAPPOINTED BENEFICIARY IS THE PERSON WITH STANDING TO ...

Oct 13 Mediation and Settlement Agreements

Misrepresentations by Tortfeasor During Mediation: Fool Me Once… So you’ve sued someone for undue influence, tortious interference ...

Oct 06 DeWitt and the Importance of Adequate Probate Remedies

When is “failure to exhaust probate remedies” properly asserted as an affirmative defense to tortious interference with an ...