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Basis Consistency is here; Form 8971 Reporting Requirements are Fast Approaching

Published: February 23rd, 2016

By: Kyle C. Griffin

On July 31, 2015, the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (the “Act”) was signed into law. Sections 2004 and 2005 of the Act included a number of new tax provisions requiring consistent basis reporting between an estate and persons acquiring property from a decedent. These provisions were made effective […]

Legal Fees and the Elective Share

Published: February 3rd, 2016

By: Brad Gould

Recently, Florida’s Fourth District Court of Appeals held that legal fees incurred by the personal representatives of an estate to defend claims against the estate are not chargeable against the elective share. In Blackburn v. Boulis, the personal representatives incurred attorneys’ fees as a result of “years of contentious litigation in probate court.” The probate […]

Five Reasons You Need an Estate Plan (Even If You Aren’t a Powerball Winner)

Published: January 14th, 2016

By: Dana M. Apfelbaum

Many people believe that only the wealthy need estate planning.  In fact, while the complexity of the plan needed may vary due to the amount and nature of a person’s assets, the need for an estate plan is common between a billionaire and the average person.  Here are five reasons the average person needs an […]

Appellate Court Affirms Involuntary Dismissal of Undue Influence Claim

Published: January 6th, 2016

By: Daryl J. Krauza

Recently, the Fifth District Court of Appeals affirmed the trial court’s dismissal of a son’s undue influence claims brought against his sister in Luciani v. Nealon, 2015 WL 7782819 (Fla. 5th DCA 2015). Rule 1.420(b), Florida Rules of Civil Procedure, allows the trial court to involuntarily dismiss a case when, after viewing the evidence presented […]

Enforceability of Settlement Agreements in Probate Litigation

Published: November 16th, 2015

By: Daryl J. Krauza Brad Gould

How likely are the courts to enforce settlement agreements and releases in probate and trust litigation when there are claims of fraud and misrepresentation?  The Third District Court of Appeals recently answered this question in Sugar v. Estate of Stern, 2015 WL 5603469 (Fla. 3d DCA 2015) and enforced the settlement agreements and subsequently executed […]

Rob Naberhaus to present at RPPTL Section’s “Tricks, Treats and Really Scary Things” Program

Published: October 13th, 2015

By: Robert J. Naberhaus III

Robert J. Naberhaus III, a shareholder in Dean Mead’s Estate and Succession Planning department, will be presenting on October 23, 2015 at the Florida Bar RPPTL Section’s CLE program entitled “Estate & Trust Planning/Asset Protection: Tricks, Treats and Really Scary Things”.  The program will be held at the Renaissance Tampa International Plaza. Rob’s presentation titled “The IRA […]

“Pitfalls and Traps to Avoid in Estate Planning” – Seminar on Nov. 5th

Trust and Estate Attorney Orlando

Please Join Us on Thursday, Nov. 5th for a Seminar at the Orange County Bar Assn. Top 10 (or so) Mistakes We See in Estate Planning – and Tips to Avoid Them! There are a variety of pitfalls, traps and missteps that practitioners and clients can make during the estate planning and administration process, any of […]

Rob and Michelle Naberhaus Recognized for Leadership in March of Dimes

Published: October 2nd, 2015

By: Robert J. Naberhaus III

Michelle L. Naberhaus and Robert J. Naberhaus III, attorneys in our Viera office, who were featured on the front page of the Brevard Business News, September 28 issue. Rob and Michelle were recognized for their leadership in the community as the Chairs of the 7th Annual March of Dimes Signature Chefs Auction on Oct. 6th. […]