The work we do as trusts and estates attorneys can alter the course of our clients’ lives. But it’s tempting to think of what we do as not being particularly important in the grand scheme of things. That’s a mistake,
Inheritance litigation often turns on a person’s claimed “status” as a decedent’s family member. Examples of this kind of litigation include challenges to a person’s claimed status as a pretermitted child, or an adopted adult, or an adopted-away child, or
Joaquin Perez had a life insurance policy with a death benefit of $250,000. His son and daughter were equal beneficiaries of the policy. Mr. Perez was tragically shot and killed by his mentally-ill son. The son was ultimately found
One of the most confoundingly difficult challenges we all face as lawyers is what to do when a client’s cognitively declining in a way that’s clearly affecting her decision-making abilities, but it’s just as clear that she’s still able to
A surviving spouse’s right to an “elective share” reflects Florida’s strong public policy favoring the protection of surviving spouses. On the other hand, the fact that elective-share claims are subject to filing deadlines reflects a potentially competing public
Married couples take title to their homes in joint deeds all the time. The vast majority of these deeds are simple form documents that don’t go beyond the bare minimum needed to convey title. For example, the deed doesn’t have
In our increasingly mobile society, adult guardianships often involve more than one state, raising complex multi-jurisdictional issues.
We have legal theories for resolving these civil procedure puzzles on a case-by-case basis (as demonstrated in the Morrison case), but
One of the basic building blocks of modern estate planning in Florida is the “pour over” will/revocable trust combination. Which means it’s extremely common to find yourself administering a probate estate in which your primary — if not only
This is the third and final installment of the 2021 legislative update. It covers a suite of interrelated new statutory changes intended to protect senior citizens from exploitation as well as reporting on Florida’s distinction as the first state in
This is the second installment of the 2021 legislative update. It covers a broad range of bread and butter statutory changes that could have a big impact on our day-to-day practice, but may not get the kind of publicity and