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Archive for the ‘Estate & Trust Litigation’ Category

Lauren Detzel and David Akins Honored by Chambers HNW Guide 2019

Published: July 19th, 2019

Dean Mead announced today that Lauren Y. Detzel and David J. Akins have been ranked among the leading attorneys in Private Wealth Law by Chambers in its Chambers High Net Worth 2019 guide. Detzel ranks in the top tier in Florida in the Chambers HNW Private Wealth Law category, distinguished among only 10 attorneys at […]

Trust Disclosure – Devil Is in the Details

Dean Mead Attorney Joseph Naberhaus
Published: November 26th, 2018

By: Joseph K. Naberhaus

Trust Disclosure – Devil Is in the Details Greed and misunderstandings can throw sand into the workings of family trusts, and one of the primary ways the law protects beneficiaries is to require trustees to make regular accounting disclosures of how they manage trusts. If disclosure suggests a trustee has breached a fiduciary duty, beneficiaries […]

Naberhaus Attorneys Talk Duties and Dangers in the Administration of a Trust

Dean Mead Attorney Robert Naberhaus
Dean Mead Attorney Joseph Naberhaus
Published: June 14th, 2018

By: Robert J. Naberhaus III Joseph K. Naberhaus

Rob Naberhaus and Joey Naberhaus, attorneys in Dean Mead’s Viera office, gave a presentation last week to a full house at the Hilton Melbourne Rialto Place on the topic of duties and dangers that can arise for Trustees as they’re carrying out numerous responsibilities in the administration of a trust. Using recent case studies, the […]

Courts Look for Goldilocks Sweet Spot in Awarding Fees for RFA

Published: May 29th, 2018

By: Timothy W. Sobczak

After a plaintiff won a $2 million wrongful death verdict against two tobacco companies, his lawyers sought almost $1 million in attorney fees and expenses. Attorneys argued that the tobacco company defendants should reimburse the plaintiff for the enormous cost of proving facts that were so obviously truthful that they should not have been contested […]

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, […]

IRS Attack on Valuation Discounts Creates Urgency for Transfer Tax Planning Prior to Year-End

Trust and Estate Attorney Orlando
Published: August 23rd, 2016

By: Brian M. Malec Matthew J. Ahearn

On August 2, 2016, the IRS issued proposed regulations under Code section 2704 that, if finalized in their current form, will effectively eliminate any meaningful valuation discounts for transfers of interests in family-controlled entities between family members. The issuance of these proposed regulations is one of the most important developments for high net worth families […]

Out of State Counsel Beware: Estate Claims Must Be E-Filed

Published: August 8th, 2016

It has frequently been said that “it is the little things that get you.” That certainly holds true in the practice of law. A recent decision from the Fourth District Court of Appeals provides an illustration of the accuracy of that saying. It also provides an example of the dangers faced by attorneys attempting to […]

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 […]