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Probate
Sep 11, 2024
Jury Finds Son Used "Undue Influence" Over Father and Awards $2.679 Million to Father's Other Children
May 2, 2024
What You Need to Know About the Probate Process
Apr 1, 2024
How can you amend a probate order?
Court of Appeal
Aug 24, 2020
Third District Court of Appeal
Child Support
Sep 10, 2018
Florida Probate and Child Support: Will Change to Avoid Child Support Obligations of Beneficiary
Joint Tenancy
Sep 16, 2018
Florida Joint Tenancy With Right of Survivorship (Jtwros) Bank Account
Trust
Aug 22, 2019
Disinherited Children Have Standing to Sue for Breach of Trust
Sep 16, 2018
Florida Trust Modification: Trustee Has Standing to Reform and Modify Trust Language
Jun 4, 2013
Judicial Modification of Trusts
Medical Malpractice
Sep 17, 2008
Parents Inheriting from Children in Intestate Probate Estate
Undue Influence
May 2, 2022
What You Need To Know About Undue Influence
Oct 28, 2020
Undue Influence Factors
Jan 12, 2018
Delayed Discovery Doctrine Applies to Undue Influence Claims
Trustee's Duties
Dec 6, 2016
Trustee’s Duty to Inform and Account
Sep 15, 2011
The Trustee’s Duty to Inform
Oct 20, 2010
Florida Trustee’s Duty to Remainderman Beneficiary
Paternity
Jan 8, 2009
Paternity: Can a Decedent’s Body Be Exhumed for Genetic Testing?
DNA
Sep 19, 2008
Florida Probate, Paternity and DNA
Inheritance
Jul 2, 2014
Spousal Inheritance after Divorce
Jun 10, 2014
Oral Agreement to Divide Inheritance
Sep 10, 2012
Inheritance Rights of Former Spouse
Will Execution
Mar 26, 2019
Florida Will Execution: Strict Compliance with Statute Required
Sep 23, 2008
Will Execution Florida
Trust Code
Oct 1, 2023
What is the Difference Between an Irrevocable and Revocable Trust?
Sep 24, 2008
Florida Uniform Trust Code
Will Contest
Aug 7, 2019
Contesting a Will in Florida
Jun 30, 2014
Florida No Contest Clause
Oct 25, 2013
Comparing Florida and Ohio Will Contests
Alcohol Abuse
Oct 1, 2008
Florida Will Contest: Can a Will Be Challenged Based on Decedent’s Alcohol and Drug Abuse?
Drug Abuse
Nov 24, 2010
Desperate Times…
Last Will & Testament
Oct 26, 2013
Disposition of Property by Handwritten Will
Sep 18, 2013
Last Will Mistake
Dec 6, 2010
Battle of Wills
Personal Representative
Jan 11, 2018
Premature Discharge of Personal Representative
May 14, 2016
Convicted Felons Cannot Serve as Personal Representative
Aug 18, 2015
Change in Statutory Duty of Un-Qualified Personal Representatives
Attorney's Fee
Feb 27, 2013
Attorney’s Fees and Costs in Breach of Fiduciary Duty Matters
Mar 26, 2012
Attorney’s Fees in Partition Actions
Dec 9, 2010
How Much Does It Cost for Probate?
Probate Law
Jun 20, 2023
What Happens to Your Business During Probate? A Guide for Business Owners
May 11, 2010
Leader of the Class
Will
Jan 5, 2016
Will Substitutes in Florida
May 16, 2013
Lost or Destroyed Will
Apr 26, 2010
Proper Will Preparation and Execution
Religion
Oct 17, 2008
Amazing Grace: Religion and Undue Influence
Beneficiaries of Wills
Jan 27, 2019
When Is a Charity a Qualified Beneficiary Under the Florida Trust Code?
Apr 14, 2015
But You Agreed to Make Me the Beneficiary!
Feb 3, 2011
Am I a Beneficiary?
Probate Estate
Oct 5, 2015
Reasonably Ascertainable Creditors
Dec 28, 2009
Tick Tock
Dec 14, 2009
The Golden Rule: he who has the gold, makes the rules.
Probate Records
Oct 22, 2008
What Are Probate Records and Where Are They Kept?
Settlor’s Intent
Oct 23, 2008
Trust Language and Settlor’s Intent
Estate of Carpenter
Oct 24, 2008
Estate of Carpenter
Intestacy
Mar 30, 2023
What Happens If I Die Without a Will?
Mar 30, 2009
Intestacy and Same Sex Couples: Probate Needs Progressive Help From Legislatures
Oct 31, 2008
Florida Intestacy
Illegitimate Children
Oct 24, 2008
Florida Intestacy and Illegitimate Children
Mediation
Oct 13, 2015
Mediation and Settlement Agreements
Dec 19, 2013
Will Disputes and Mediated Settlement Agreements
Jan 6, 2009
Mediations and Settlement Agreements
Resulting trust
Nov 10, 2008
What is a Resulting Trust?
Testamentary Capacity
May 26, 2015
Can a Contract Defeat Testamentary Intent?
Dec 10, 2008
Assessing Testamentary Capacity
Nov 11, 2008
Testamentary Capacity: Do We Need Legal Reform?
Exempt Property
Nov 14, 2008
Exempt Property & The Pretermitted Spouse
Prenuptial Agreements
Dec 3, 2018
Probate: Enforcement of Prenuptial Agreement
Mar 11, 2014
Probate and Prenuptial Agreements
Jan 30, 2009
What is a Prenuptial Agreement?
Slayer Statute
Nov 26, 2008
Florida’s Slayer Statute
Estate Law
Jul 2, 2023
How to Choose the Right Executor for Your Estate: Tips and Considerations
Mar 6, 2023
An Overview of the Probate Process in Florida
Jul 20, 2021
When Trusts Can Be Contested
Trust Litigation
Aug 2, 2012
Broward County Trust Litigation
Jul 6, 2012
When Does Trust Litigation Occur?
Oct 12, 2011
Florida Trust Litigation
Forum Non Conveniens
Dec 17, 2008
Trust Litigation and Forum Non Conveniens
Pretermitted Children
Apr 23, 2014
Pretermitted Child: Paternity vs. Adoption
Jan 22, 2010
Pretermitted Children: Evidence Must Be Compelling to Disinherit
Jan 20, 2009
Pretermitted Children
De Facto Trustee Doctrine
Jan 23, 2009
De Facto Trustee Doctrine Recognized
Survivorship Accounts
Feb 3, 2009
Survivorship Accounts
Trust Lawsuits
Feb 6, 2009
Indispensible Parties in Trust Lawsuits
Ambiguity
Apr 7, 2009
Latent vs. Patent Ambiguities in Last Will and Testament Construction Cases
Feb 17, 2009
Ambiguity and Extrinsic Evidence in Will Construction
Preferential Treatment
Feb 17, 2009
Preferential Treatment
Litigation
Jun 24, 2016
Corya and Woodward
Nov 30, 2010
Show Me the Money!
Jun 21, 2010
More than a Merely Perfunctory Matter
Trust Revocation
Dec 27, 2016
Trust Revocation: No Magic Art is Necessary
Nov 4, 2011
Revocation of Trust
Feb 20, 2009
Trust Revocation
Frozen Sperm
Mar 6, 2009
What Happens to Frozen Sperm After the Donor’s Death?
Ademption
Mar 9, 2009
Hey! Where’s My Gift?
Witness
Mar 12, 2009
How Far May the Witness Wander?
Power of Attorney
Dec 4, 2023
Do I Need a Power of Attorney?
Sep 19, 2013
Termination or Suspension of Durable Powers of Attorney
Oct 15, 2012
Can I Do Whatever I Want With a Power of Attorney?
Divorce
Sep 27, 2018
Will Devising Property to Fiancee Survives Subsequent Marriage and Divorce
Apr 29, 2009
Divorce Does Not Dissolve Beneficial Interest in Trust
Foreclosure
May 8, 2009
Probate Property in Foreclosure?
Reopening
May 19, 2009
Reopening a Closed Estate
Jurisdiction
Jun 3, 2009
The Probate Exception to Federal Court Jurisdiction
Curator
Jun 15, 2009
A Curator’s Concern
Contest
Jun 16, 2009
What Constitutes a Contest In No Contest Provision?
Homestead
Jun 17, 2020
Homestead Creditor Protection
May 24, 2019
Spousal Election to Take One-Half Interest in Decedent’s Homestead Property
Nov 19, 2012
Homestead Real Property and a Surviving Spouse’s Election
Anatomical Gift Act
Jul 8, 2009
Florida Adopts Portions of Revised Anatomical Gift Act
Probate Code
Jul 14, 2009
Revisions to Florida Probate Code
Real Estate
Jul 21, 2009
Lien on Real Estate
Expectancy
Jul 29, 2009
Interference With an Expectancy in Federal Court?
Affection
Aug 10, 2009
Rules of Affection
Wrongful Death
Oct 1, 2022
Understanding the Florida Wrongful Death Act
Jan 30, 2012
Gainesville Wrongful Death Crash Lawyer
May 31, 2010
Florida Wrongful Death
Death
Feb 14, 2019
Death, Probate and Due Process
Jan 9, 2017
Due Process, Death and Taxes
Jun 21, 2010
Having a Missing Person Declared Dead
Elder Abuse
Mar 18, 2015
Florida Laws Against Exploitation of the Elderly
Aug 24, 2011
Abuse of the Elderly
Mar 1, 2010
Elderly Exploitation vs Civil Theft
Rules of Civil Procedure
Aug 28, 2009
Playing by the Rules
Descendants
Jan 12, 2011
Lineal Descendants?
Sep 15, 2009
Descendants by Blood
Joint Property
Oct 2, 2009
Pre-Marital Agreements and Joint Property
Legal Liability
Oct 6, 2009
The Scope of Legal Liability
Legal Comity
Oct 27, 2009
Legal Comity
Exploitation
Jun 19, 2012
Exploitation of the Elderly: The Gold Digger
May 4, 2010
Criminal Prosecution for Exploitation of the Elderly
Nov 12, 2009
Exploitation of the Elderly
Probate Court Orders
Dec 1, 2009
Appealing Probate Court Orders
Appellate Standards
Jan 26, 2010
Appellate Standards of Review
Substituted Parties
Feb 24, 2010
Substituted Parties
Legally authorized persons
May 24, 2010
Disposition of the Body
Real Property
Jun 17, 2010
Florida Trusts and Real Property
Compensation
Nov 20, 2012
Qualifications and Compensation of Persons Given Power of Attorney in Florida
Jun 30, 2010
Trustee Compensation
Creditors
Jul 7, 2011
Creditors and Solvency in the Probate Process
Jul 6, 2010
Notice to Creditors
Share Contribution
Jul 29, 2010
Elective Share Contribution Obstacles
Trustees
Jun 14, 2016
Can I Fire My Trustee
Feb 10, 2014
How Long Does a Beneficiary Have to Challenge the Actions (or Inaction) of a Trustee?
Jan 12, 2012
Florida Trustee: Duty of Impartiality
Florida Inheritance Lawyer
Apr 8, 2013
Inheritance Dispute Lawyers
May 30, 2012
Florida Will and Trust Dispute Lawyer
May 29, 2012
Florida Will & Trust Dispute Lawyers
Probate Attorney
Oct 15, 2020
Best Florida Probate Lawyer
Apr 23, 2012
Florida Probate Litigation Lawyers
Apr 13, 2012
Tampa Probate Lawyer
Partition Actions
Jan 4, 2011
Partition Actions in Florida
Probate Litigation
Nov 18, 2016
Attorney-Client Privilege in Probate Litigation
Aug 9, 2011
Florida Probate Litigation: Stealing from an Estate
Jul 13, 2011
Probate Litigation: Absence of an Original Will
Medicaid
Feb 5, 2011
Florida Medicaid 2011
Estate Tax
Sep 25, 2023
How Are Estate Taxes Handled in Florida Probate?
Death Tax
Feb 17, 2011
Florida Estate Tax
Spousal Rights
Sep 12, 2011
Florida Intestate Estates: Spousal Shares
Mar 1, 2011
Gold Diggers Beware!
Trustee’s Fee
Mar 24, 2011
Trustee’s Fee
Adoption
May 3, 2011
Adoption and Inheritance
Homestead Law
Apr 18, 2024
Florida Homestead Standing
Oct 30, 2012
Florida Homestead Law: Condos and Co-ops
Jul 2, 2012
Possession of Homestead by Personal Representative
Trustee Removal
Feb 29, 2012
How to Remove a Trustee in Florida
Jun 6, 2011
Trustee Removal Action
Florida Trusts
Jul 25, 2011
Reformation of Florida Trusts
Elder Abuse Attorney
Sep 30, 2011
Florida Elder Abuse Attorney
German Wills
Dec 7, 2011
German Wills in Florida
Trust Decanting
Dec 29, 2011
Florida Trust Decanting
Trust Termination
Aug 12, 2014
Florida Trust Termination Laws
Jan 10, 2012
Trust Termination in Florida
Notice of Administration
Jan 13, 2012
Notice of Administration in Florida
Marchman Act
Feb 21, 2012
Florida Marchman Act
Creditor Claims
Aug 18, 2019
Creditor Claim Deadlines in Florida Probate
Apr 6, 2015
Probate Creditor Claims in Florida
Jun 5, 2012
Florida Probate Creditor Claim
Fiduciary Duty
Apr 1, 2013
What Are the Fiduciary Duties of a Trustee?
Jun 11, 2012
Breach of Fiduciary Duty Statute of Limitations
May 22, 2012
Breach of Fiduciary Duty and Surcharge Action
Constructive Trust
Apr 13, 2012
Florida Constructive Trust
Will Reformation
Apr 6, 2022
Reformation of a Will in Florida
May 8, 2012
Florida Will Reformation
Probate Caveat
Jun 26, 2012
Probate Caveat
Estate Planning
Nov 4, 2023
Estate & Probate for Digital Assets
Sep 25, 2023
Are There Any Alternatives to Probate?
Mar 28, 2019
Lawyer-Client Privilege Does Not Apply to Estate Planning Attorney’s Files in challenge to a Decedent’s Estate Planning Documents
Homestead Property
Sep 17, 2012
Homestead Property and Joint Ownership
Elective Share
Aug 27, 2019
Waiver of Elective Share
Jul 2, 2014
Elective Share for the Surviving Spouse
Sep 28, 2012
Pretermitted Share vs. Elective Share
Due Process
Dec 14, 2016
Probate and Due Process in Florida
Trust Accountings
Feb 6, 2023
Demanding Accounting on a Trust
Dec 19, 2012
Trust Accountings and Litigation
Probate Litigation Attorney
Jan 10, 2013
Fort Lauderdale Probate Litigation Lawyer
Death Law
Feb 11, 2013
Simultaneous Death Law
Spendthrift Trust
Jun 18, 2013
What Is a Spendthrift Trust?
Trust Attorney
Jun 28, 2013
Florida Trust Lawyer
Freezing Assets
Aug 28, 2013
Can Trust Assets Be Frozen During Litigation?
Jul 29, 2013
Freezing Assets: Putting a Stop to Ongoing Injury
Renunciation Rule
Aug 19, 2015
Qualified Renunciation Part 2
Jul 1, 2014
Qualified Renunciation
Sep 6, 2013
Renunciation Rule
Power of Appointment
Jan 2, 2014
Power of Appointment
Testators
Jun 25, 2014
Proving Testator’s Mental Capacity
Trust Modification
Dec 18, 2014
Trust Modification under Florida’s Trust Code
Time Share
Feb 5, 2015
Time Share Scam
Mental Inequality
Mar 10, 2015
Mental Inequality and Undue Influence
Best Legal Blog
Jul 14, 2015
Best Legal Blog
Probate Remedies
Oct 6, 2015
DeWitt and the Importance of Adequate Probate Remedies
Safe Deposit Box
Jan 24, 2017
Ownership of Safe Deposit Box Contents
Legal Form of Ownership
Sep 4, 2018
Bank Accounts: Ownership Intent Trumps Legal Form of Ownership
Restricted Depository
Jan 29, 2019
Restricted Depository: “for Cause” Only
Trust Documents
Feb 13, 2018
Discovery of Trust Documents
Joint Accounts
May 13, 2016
Decidedly Inconvenient: Joint Accounts and POD Accounts
Remaindermen
Nov 3, 2009
The Duties of Remaindermen
Most Recent Posts
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Trust Code
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Estate of Carpenter
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German Wills
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Partition Actions
Paternity
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Dec 3, 2024
How to Avoid Probate: Strategies for Smooth Estate Planning
Dec 3, 2024
Top Mistakes Executors Make During Probate Administration
Dec 3, 2024
What Are Probate Bonds? When They Are Required and Why
Dec 3, 2024
Can Non-U.S. Citizens Inherit Property? Understanding Probate Rules
Sep 11, 2024
Jury Finds Son Used "Undue Influence" Over Father and Awards $2.679 Million to Father's Other Children
May 2, 2024
What You Need to Know About the Probate Process
Apr 18, 2024
Florida Homestead Standing
Apr 1, 2024
How can you amend a probate order?
Feb 4, 2024
Which Assets Go Through Probate?
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