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Archive for the ‘Trustees & Personal Representatives’ Category

Failure to Follow Signing Formalities Can Sink an Estate Plan

Published: June 6th, 2017

By: Brad Gould

Wills and trusts must be executed with certain formalities. If those formalities are not strictly complied with by the parties, the documents may be disregarded. In the case of Kelly vs. Lindenau, a grantor’s failure to have two witnesses sign a trust amendment resulted in the invalidity of the trust amendment. The grantor, Ralph Falkenthal, […]

Top Five Estate Planning Steps to Take During a Divorce

Published: April 22nd, 2016

By: Brad Gould

Divorces are stressful and expensive situations for everyone involved.  However, they can be a lot worse if one spouse dies before the divorce is finalized.  Whether you are the recipient of a divorce petition or the sender, one of the first people you should call (after your divorce attorney) is your estate planning attorney*.  The […]

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 […]

Brian Malec on Florida’s Family Trust Company Legislation in ActionLine

Published: November 20th, 2014

By: Brian M. Malec

Brian Malec on Florida’s Family Trust Company Legislation   Brian M. Malec, attorney in our Orlando office, recently co-authored Florida Enacts Family Trust Company Legislation with Scott A. Bowman. The article was published in ActionLine; Fall 2014 edition. Brian was one of the principal authors of Florida’s Family Trust Company Legislation. Click HERE to view the article.

Upcoming Seminar: Tax Consequences of Trust & Estate Settlements and Modifications

Published: October 9th, 2014

By: Robert J. Naberhaus III Lauren Y. Detzel

Please join us on Thursday, Oct. 23rd for an informative seminar on the topic of “Tax Consequences of Trust & Estate Settlements and Modifications”. Taxes can make or break a deal. Using case studies, the attorneys will discuss costly tax issues that advisors need to be on the lookout for when negotiating estate and trust […]

A Case for Burial Instructions

Published: June 11th, 2014

By: Dana M. Apfelbaum

In our article of May 19, we discussed the dangers of estate planning with online legal forms and encouraged the use of an attorney to craft a complete estate plan.  In follow-up to that article, we now highlight the issues raised in the recent case of Wilson v. Wilson out of the Fourth District, which […]

Highlights from the 2014 Florida Legislative Session

Published: March 24th, 2014

By: Peter M. Dunbar Martha J. Edenfield

Dean Mead’s Government Relations, Lobbying and Administrative Law industry team are pleased to provide a summary report of the highlights from the 2014 Florida Legislative Session.  March 24, 2014 Annual Appropriations. As week 4 of the Session begins, both Houses are preparing to bring their $74 billion spending plans for the coming fiscal to the floor […]

15 Tips for a Successful Mediation (Part II) by David Hathaway

Published: October 11th, 2013

By: David P. Hathaway

Civil lawsuits are most often resolved by a mediated settlement agreement, which could have an infinite variety of settlement numbers and terms.  What result a party achieves, after months or even years of litigation, is in large part a function of what happens on the day of mediation.  Mediation is therefore the most important day […]