Undue Influence and the Carpenter Factors: Courts Rely on More than the Original Seven
This post is from our good friend in Dean Mead’s litigation department, David P. Hathaway. In probate litigation, parties might contest the validity of a will or trust by arguing that the decedent was unduly influenced by a substantial beneficiary when the will or trust was made. To prove undue influence, one must demonstrate that [...]
Just Say No; What Happens When The Trustee Refuses To Cover The PR’s Notice Of Insufficiency?
The use of a revocable trust to avoid probate is a standard estate planning technique. What happens when the decedent dies with no probate estate, but had assets held in a revocable trust and debts owed to creditors? We know that the personal representative (PR) can seek contribution of assets from the revocable trust to [...]
Parol Evidence and Determining Ownership of Joint Bank Account
This post is from our good friend in Dean Mead’s litigation department, David P. Hathaway. Consider a situation where an elderly relative, your father (although it could be your mother, an aunt or an uncle), who had retired and moved from Ohio to Florida, has passed away. You know your father had a will and [...]
Hill v. Davis: Challenging Qualifications of the Personal Representative
It’s rare that probate procedural issues make their way to the Supreme Court of Florida. However, on September 1, 2011 the Court issued its highly anticipated decision in Hill v. Davis, 36 Fla. L. Weekly S487 (Fla. 2011). The issue at hand is whether §733.212(3) of the Florida Statutes (2007) bars a challenge to the [...]
Fed Up with the QTIP Trust? Tax Results of Terminating QTIP Trust
Many of today’s modern estate plans employ a marital trust under Code sections 2056(b)(7) or 2523(f) known as a QTIP trust (QTIP stands for Qualified Terminable Interest Property). This is a trust which grants a life income interest to spouse and upon his or her death, named beneficiaries receive the remainder. The property funding the [...]
2011 Florida Legislative Update Seminar – Materials
For those of you who were unable to attend our recent seminar covering Florida’s new estate planning legislation, we have posted our materials on our website. We hope you find them useful.
2011 Florida Legislative Update Seminar
We are extending an invitation to our readers to attend our seminar on Tuesday, June 21, 2011 from 11:30 a.m. to 1:30 p.m. at the Orange County Bar Association, 880 N. Orange Avenue, Orlando covering recent Florida legislation affecting estate planning. The topics will include limited liability companies, inherited IRAs, the Florida Uniform Prudent Management of Institutional Funds Act, [...]
Florida Legislative Update Regarding Trusts and Estates Law
Governor Scott is expected to sign House Bill 325 into law shortly. House Bill 325 provides for several changes to the existing trusts and estates law. These changes are briefly summarized below. Fiduciary Lawyer-Client Privilege. There is a new fiduciary lawyer-client privilege rule, whereby a fiduciary client is protected to the same extent as any [...]
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