Where there are inconsistent or contradictory statements alleged in a probate petition or a complaint, what can you do? What is the election of remedies doctrine? What is the purpose of it? What should my probate litigator know about the election of remedies doctrine? Bueno v. Workman, an opinion from the Fourth DCA, explains what you need to know about this topic.
What are affirmative defenses? Are affirmative defenses available in Florida probate litigation? Why should every trust and estates lawyer be familiar with them? During litigation involving the probate process in Florida, affirmative defenses can prove to be a very useful trial tool.
In Florida, am I entitled to be the personal representative of an estate if I am the sole heir or beneficiary? Can I be personal representative if I was convicted of a felony? What if I was convicted of a misdemeanor? Under Florida probate law, what are the qualifications to become a personal representative?
Under Florida probate law, what is a guardian? What is a ward? Does a guardian have control over a Ward’s trust? Can a guardian compel the trustees of a Ward’s trust to make certain trust management decisions? What if the decisions are in the ward’s best interest? What does a guardian have control over? A February 26,2016 Florida Second DCA opinion reveals that guardians are restricted when it comes to some decisions regarding a ward’s trust.
If you are a beneficiary of a Florida trust and about to receive your inheritance, you may be wondering what all the paperwork is that the trustee’s law firm is sending to you. After all, you just want your check for your inheritance, right? Well, the Florida Trust Code is loaded with rights that beneficiaries have to a host of issues related to trusts, the trustee and trust administration. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736ContentsIndex.html&StatuteYear=2015&Title=%2D%3E2015%2D%3EChapter%20736. Let’s talk about one right of a trustee: to be discharged or released from liability for serving as trustee. Ask any trust lawyer in Florida and they will tell you that this issue is one that is often mis-understand and not, often, well explained.
Many beneficiaries or family members who are disinherited or cut out of an a Florida estate or estate plan may want to know if they have any recourse? Can you file an objection to the will if you were wrongly cut out of a will inheritance? Do you have any risk if object to provide or file to overturn the will?
Did Governor Rick Scott veto the much debated family law bill that was recently presented to him? How will his decision affect Florida divorce attorneys? Will his decision affect trust and estate litigators? Why did he decide what he did? Did he make the right decision?
What are digital assets? What happens to them when you die? Can you gain access to your deceased mother’s social media accounts? Can the personal representative of your boyfriend’s Florida estate gain access to your boyfriend’s email accounts? When I die, does Florida probate law protect my email and social media accounts? Are my email accounts and social media accounts part of my estate? Senate Bill 494 is finally able to provide some answers.
When I die, who gets to read my emails? What Florida laws govern this? Can you gain access to your deceased mother’s social media accounts? What if my deceased husband and my accounts were in his name only and I forgot the password? Will the personal representative of my Florida estate be able to access my online banking accounts? When I die, does Florida probate law protect my email and social media accounts?
Florida’s 4th District Court of Appeal issued a very important Florida attorneys fees opinion. IIt involved the so called Offer of Judgment rule. You should read MYD Marine Distributor, Inc. v. International Paint Ltd.. It held that Florida’s offer of judgment statute, 768.79, may be limitedly available or applicable in cases where monetary, and non-monetary, damages are both sought.