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A Court Must Allow Time for Consideration of Timely Filed Objections to an Accounting or Petition for Discharge Prior to Entry of an Order of Discharge

Courts Must Make a Finding of Good Cause to Prevent Discovery of Documents that Are Reasonably Calculated to Lead to the Discovery of Admissible Evidence

Because Courts Treat Undue Influence as a Species of Fraud, Undue Influence is Subject to the Delayed Discovery Doctrine

It is not Constitutionally Permissible for the Florida Legislature to Limit the Amount of Attorneys’ Fees Paid from a Guardianship Trust Established by a Legislative Claims Bill

Who has Rights to an Unclaimed Life Insurance Policy?

Can the Court Vacate This Final Judgement?

Is this Attorneys Missed Appearance Excused or Unexcused in the Eyes of the Court?

Creditors of the Estate Seek Their Share

Unsecured Lenders Feel the Fallout of Father Son Company Going Under

Florida Law v. South Carolina Law: What law should be applied to this accident?

Decedent Owned Life Insurance Policy No One Knew About

Court Determined the Global Settlement Agreement Contained Clear Terms

Surviving Spouse Attempts to Claim the Elective Share of the Decedent

Foreclosure Denied Because of Defects in Mortgage’s Execution

Indigent Prisoner Claims Tortious Conversion of Documents Against Mother’s Estate

Mixing Assets Acquired Before Marriage with Assets Acquired During Marriage

Can an Estate be Sued if Someone Driving the Decedent’s Car gets in an Accident?

Doctrine of Res Judicata was Inapplicable

Fair Market Value is Determined by the Date Transferring Interest in the Property

Foreclosure Surplus Trustee Entitled to Service Charges and Fees Payable from the Surplus

A Privilege Log Is Not Required From A Non-Party Producing Documents

Rule 1.540 Only Allows Relief for Motions Filed Within a Year or Less

Appellants Must Open an Estate for the Decedent Regardless of the Costs They Will Incur

A Conveyance of Real Property to an Irrevocable Marital Trust is not a Marital Asset Subject to Equitable Distribution

No Protection From Replevin Suit For Person’s Other Than Sheriff, Landlord, or His Agent

Landowner Has Rights In Alluvium as it Becomes Part of the Property

A Trial Court Has No Authority to Appoint a Representative for a Decedent Where There is not an Open Estate

Appeals Court Precluded from Considering Claim of Strict Construction of Statute Governing Legal Notice Concerning Foreclosure Rendering it Unconstitutional

A Trustee’s Accounting Duties Begin When A Revocable Trust Becomes Irrevocable And Will Not Retroactively Apply To The Period When The Trust Was Revocable

The Attorney–Client Privilege Pertains to and Governs Disclosure in Hearings Governed by the Florida Evidence Code

Second Responsive Pleading Allowed in Foreclosure Case where Court Unnecessarily Granted Leave

To Qualify for Attorney’s Costs and Fees Pursuant to §733.106(3), Services Must Enhance the Value of the Estate and Give Service to the Testamentary Intentions in the Will

Real Estate Professionals will not Receive Break on Deducting Rental Real Estate Losses

In Re: Amendments to the Florida Probate Rules

3rd DCA’s Broad “Clear and Convincing Evidence” Standard for Revoking a Trust: Where Even a Napkin Will Suffice

2nd DCA Rules in Favor of Remaining Settlor of Trust to Have Unfettered Discretion as to its Contents, Careful and Proper Draftmanship is Essential in Estate Planning and Litigation

The Beneficiaries of a Trust were Permitted to Intervene in a Suit where the Trustee was a Party, but the Order Granting Intervention Cannot Impose Limitations so Burdensome that they Amount to a De Facto Denial of the Motion to Intervene

The 4th DCA Reversed an Award of Guardianship Fees where Non-Professionals Performed the Majority of the Services and there was no Evidence to Support the Hourly Rate

The Florida Rules of Judicial Administration did not Contemplate that a Clerk had to Accept for Filing Paper Documents other than those Falling with the Exceptions of Rule 2.525(D)

“The Light Most Favorable” Does not Refer to a Florida Sunrise. In an Appeal, the Appellant is Obligated to Provide a Statement of Facts and to Interpret the Evidence in the Light Most Favorable to Sustain the Trial Court’s Conclusions

3rd DCA Reverses Trial Court on Interpretation of Fla. Stat. §736.0602(3)(b)(2) on Case of First Impression, Citing 2nd Restatement of Trusts and 4th DCA

3rd DCA Rejects Petition for Writ of Certiorari and Interlocutory Appeal Regarding Annulment Action

2nd DCA Reverses Trial Court Fee Award, Emphasizing Standards for Bad Faith Sanctions and What is Impermissible in Recovery as Costs

2ND DCA Reverses Trial Court’s Interpretation of Prenuptial Agreement to Avoid Permitting a Double Recovery by Spouse with Relation to Probate Proceedings

4th DCA Reverses Order Appointing Guardian Advocates for Ward Because it did not Comply with Specific Requirements of § 393.12(8), Fla. Stat.

4th DCA Holds That § 768.79, Fla. Stat. May Be Limited in its Applicability Where “True Relief” Sought is Nonmonetary

3rd DCA Takes Opportunity to Emphasize that on Appeal, “LIGHT MOST FAVORABLE” is not a Reference to a Florida Sunrise

3rd DCA Finds Trial Court Erred In Holding That a Notice to Creditors was a Nullity for Having Been Published on Day Before Entry of Order Appointing Personal Representatives

4th DCA Finds Trial Court Misapplies Both Res Judicata & Laches in Granting Summary Judgment

3rd DCA Upholds Claim of PR Under §689.07(1), Fla. Stat. Where Alleged Deed Named No Beneficiaries, Trust Name, Date, or Purpose & Trust was not Recorded

New Law Governing Personal Representatives’ Access to Digital Data to Go Into Effect July 2016: Florida Fiduciary Access to Digital Assets Act

2nd DCA Finds the Trial Court Erred in not Considering Trust Articles in their Entirety

4th DCA Finds Probate Court Erred In Failing To Award Interest Due To Claimaint Under Promissory Note Due To Plain Languge of §733.705(9), Fla. Stat. and Promissory Note Itself

3rd DCA Finds Abuse of Discretion where Trial Court Allowed Release of Bank Records Prior to Right to Review Established Under § 607.1602, Fla. Stat.

2nd DCA Reverses Fees Awarded Pursuant to §57.105, Fla. Stat.; Less than Definitive Deposition Testimony as to Witnessing Will Execution does not Necessarily Give Rise to an Unsupported Claim

Does the Florida Supreme Court’s Holding In Gessa v. Manor Care of Florida, 86 So. 3d 484 (Fla. 2011), Control where the Contract Contains a Severability Clause?

4th DCA Emphasizes Statutory Language Distinction: A “Marriage” Is Not Subject To Court Approval, But The “Right To Marry” Is

2nd DCA Holds Guardianship Court Cannot Override Decisions of Co-Trustees in Management of Trust Based on Ward’s Beneficial Interest

Dismissing Complaint with Prejudice for Failure to Join Decedent’s Estate As Indispensible Party was Improper

Florida Guardianship and Probate Rules Do Not Prohibit Voluntarily Dismissing Petition to Determine Incapacity and Fla. Stat. §744.331 Does Not Mandate Adjudicatory Hearing

Exploitation of Elderly Claim Fails Without Finding of “Endeavoring To Obtain” Pursuant to Fla. Stat. § 825.103, as Defined Under Fla. Stat. § 825.101

3rd DCA Reviews Certiorari Order Denying Discovery as It May Have Caused Irreparable Damage to Petitioner

4th DCA Upholds Payment of Interest of Court-Determined Minimum Value of Surviving Spouse’s Elective Share and Finds Court Reversibly Erred By Deducting Attorneys’ Fees From the Value of Elective Share

4th DCA Upholds Dismissal on Collateral Estoppel Grounds; Litigants Should Not Hold Back Pleading Potentially Interrelated Claims

2nd DCA Upholds West Coast Factors for Calculation of Trustee’s Fees, as Contrasted with the Lodestar Method Set Forth in Rowe

POD Designation Properly Invalidated Where Personal Representative Failed to Prove that POD Designation was not Obtained by Undue Influence

Trust Beneficiary’s Failure to Repay Trust Distributions did not Prevent from Challenging the Validity of the Trust where he was Entitled to more than Distributed Amount

Florida Supreme Court Holds Broad Language of Waiver in Prenuptial Agreement Before it was Sufficient to Waive Spouse’s Claim to Assets Acquired or Enhancement In Value During The Marriage

The Appointment of a Curator Without The Revocation or Temporary Suspension of Letters Issued to the Personal Representatives Was Error

Subsequent Administration of an Estate was Warranted Under Florida Probate Rule 5.460 to Determine a Son’s Interest in Mother’s Homestead After it was Sold

Failure to Apply the Doctrine of Dependent Relative Revocation would have Resulted in the Residue of a 12 Million Dollar Estate Passing by Intestacy rather than a Residuary Beneficiary under a Prior Will

Homestead Limitations on Devise, and How QPRTs and Waivers May Alter Them

Allegations of Fraud and Civil Theft Occurred 17 Years Before Suit was Filed Were Time-Barred Under Fla. Stat. §§ 95.031(2)(a) and 772.17

3rd DCA Rules Claimant in Negotiations Culminating in Settlement Cannot Rely on Oral Representations by the Party Asserted to have been Dishonest

Alleged Battery Victim who Alleged she had an Unsecured Claim Based Upon an Imminent Private Tort Action was not an Ascertainable Creditor Entitled to Personal Service

Section 733.607(1) does not Extinguish the need to take Evidence when a Factual Issue Exists as to who is Entitled to Possession of Property Claimed by the Personal Representative

Unsigned, “Notarial”, “Nuncupative” Will Violates Florida Probate Code, Third DCA Calling for Clarifying Legislation of the Probate Code’s Essential Terms

Circuit Court Lacks Ongoing Jurisdiction in an Incapacity Proceeding Unless a Guardian is Appointed

COURT ORDER GRANTING RELIEF NOT REQUESTED BY ANY PARTY WAS VIOLATION OF DUE PROCESS RESULTING IN REVERSAL BY THE FOURTH DCA

FOURTH DCA HOLDS THAT KNOWLEDGE OF MEDICAL MALPRACTICE CAN ONLY BE IMPUTED TO A WARD FROM THE DATE A PERMANENT GUARDIAN OF THE PROPERTY WAS APPOINTED

AWARDING ATTORNEY’S FEES AND COSTS AS A SANCTION WITHOUT A FINDING OF BAD FAITH CONSTITUTES AN ABUSE OF DISCRETION

FOUR DAYS NOTICE OF A HEARING TO APPOINT AN EMERGENCY TEMPORARY GUARDIAN WHICH RESULTED IN THE TRANSFER OF STOCK WAS HELD TO BE INSUFFICIENT AND A DUE PROCESS VIOLATION, BUT THIS DID NOT SALVAGE THE SAME PARTIES FAILURE TO TIMELY OBJECT TO A FINAL REPORT AND TO SCHEDULE THEIR OBJECTION FOR HEARING PURSUANT TO FLA. PROB. R. 5.680(f)

THE SLAYER STATUTE DOES NOT PROHIBIT INHERITANCE BY HEIRS OF SLAYER, BUT THE WILL MAY STILL BE REVOKED WHERE THE SLAYER’S UNDUE INFLUENCE TAINTS THE ENTIRE INSTRUMENT

THE CIRCUIT COURT LACKS IN REM JURISDICTION TO DIRECT A PERSONAL REPRESENTATIVE IN A FLORIDA ESTATE PROCEEDING TO DIVIDE AND DISTRIBUTE THE DECEDENT’S REAL PROPERTY IN ANOTHER STATE

THIRD DCA FOUND NO ABUSE OF DISCRETION IN AMOUNT OF FEES AWARDED TO SUCCESSOR GUARDIAN BASED ON THE PROPORTION OF THE WARD’S REMAINING ASSETS TO THE AMOUNT OF FEES AWARDED

FOURTH DCA DOES NOT ALLOW “LEGAL GYMNASTICS” TO MANIPULATE WHETHER WILL PROVISION “AFFECTS” FORMER SPOUSE SO AS TO BYPASS SECTION 732.507(2), FLA. STAT.

AMENDMENTS TO FLORIDA PROBATE CODE AND FLORIDA TRUST CODE, EFFECTIVE JULY 1, 2015

WARD HELD TO HAVE A VIABLE AND LEGALLY RECOGNIZABLE CAUSE OF ACTION AGAINST AN EMERGENCY TEMPORARY GUARDIAN’S ATTORNEY WHO ALLEGEDLY TOOK ACTION KNOWINGLY ADVERSE TO THE WARD

THE SUCCESSOR TRUSTEE VIOLATED §736.04117, FLA. STAT. BY FAILING TO PROVIDE 60 DAYS NOTICE PRIOR TO TRANSFERRING TRUST ASSETS TO A SPECIAL NEEDS TRUST, AND BY DECANTING THE TRUST TO A SECOND TRUST WHICH FAILED TO INCLUDE ONLY BENEFICIARIES OF THE FIRST TRUST

CONFLICTING LANGUAGE FOUND IN PROBATE COURT’S ORDER AWARDING FEES AND COSTS FOUND TO CONSTITUTE INTERNAL INCONSISTENCY RESULTING IN REVERSAL

UNDER RULE 1.351, AN OBJECTION DOES NOT AUTOMATICALLY TRIGGER A DEPOSITION PURSUANT TO RULE 1.310; THE COURT HAS THE ABILITY TO RULE ON THE OBJECTION

DRAFTING ERROR WHICH OMITTED DESIGNATION OF RESIDUARY BENEFICIARIES SUBJECTS REVOCABLE LIVING TRUST TO REFORMATION PURSUANT TO SECTION 736.0415, FLA. STAT.

LACK OF FORMAL NOTICE UPON THE PERSONAL REPRESENTATIVE’S COUNSEL RESULTED IN REVERSAL OF THE COURT’S ORDER DIRECTING COUNSEL TO DISGORGE FEES DEEMED EXCESSIVE

§733.815, FLA. STAT. IS INAPPLICABLE TO CONTEST A JURY AWARD TO SURVIVORS IN A WRONGFUL DEATH SUIT AS THE SURVIVOR’S CLAIMS ARE FOR THE SURVIVORS’ SOLE BENEFIT AND DO NOT BECOME ESTATE ASSETS

AN ATTORNEY HIRED TO REPRESENT THE TRUSTEE DOES NOT OWE A FIDUCIARY DUTY TO THE BENEFICIARIES OF THE TRUST

FOURTH DCA UPHOLDS INVALIDATED WILL DUE TO FINDING OF UNDUE INFLUENCE BY THE DECEDENT’S FOURTH WIFE

MOVING A WARD BETWEEN NURSING FACILITIES INSUFFICIENT TO ESTABLISH ACTIONS CONTRARY TO THE WARD’S BEST INTERESTS UNDER SECTION 744.312(4), FLA. STAT.

A PROBATE COURT WHICH HAS OBTAINED IN PERSONAM JURISDICTION MAY ORDER A PARTY TO ACT ON PROPERTY OUTSIDE THE COURT’S GEOGRAPHIC JURISDICTION

LACK OF NOTICE TO A PUTATIVE FATHER IN ADOPTION IS NOT FATAL TO FINDING LEGAL ADOPTION, NOR VEST RIGHTS IN THE CHILD AS AN HEIR OF THE PUTATIVE FATHER

THE STIPULATION AND AGREED ORDER APPOINTING A LIMITED GUARDIAN CONTAINED LATENT AMBIGUITIES WHETHER A VOLUNTARY OR INVOLUNTARY GUARDIANSHIP WERE INTENDED, AND WHETHER THE WARD RETAINED THE RIGHT TO AMEND HER TRUST

Responding to Discovery Requests, Filing Motions to Dismiss without Asserting the Defenses, and Filing a Notice of Intent to Use Trust Funds to Pay for Attorneys’ Fees and Costs Do Not Submit a Party to the Court’s Jurisdiction

When Entering into a Pretrial Stipulation Recognizing an Issue as to Entitlement to Attorney’s Fees and Costs you may be Waiving an Objection to the Basis Pled for Attorney’s Fees

September 28, 2011 Effective Date of Amendment to Florida Probate Rule 5.025(d)(2) Determines when it Trumps Florida Rule of Civil Procedure 1.525

Limited Guardian Could Amend the Ward’s Revocable Trust to Appoint Herself as Successor Trustee

Trust Ambiguities and Protectors

Interested Persons in Guardianship and Financial Matters

Petitions for Certiorari in Probate Cases

Formal Notice in Refund or Surcharge Proceedings

Retained Rights and Loss Versus Coverage

Mediation Agreements and Contracts and Limit Discovery

Trust Agreement Codicils and Indeterminate Language

Avoiding Garnishment in Florida

Evidentiary Hearings for the Modification of a Permanency Order

Collateral Attacks on a Nevada Divorce as Part of a Florida Inheritance

Payable on Death v. Joint Deposit Accounts

How to Challenge a Trust

Florida Recognizes Same-Sex Marriage for Purposes of Electing the Personal Representative

The Interstate Compact on the Placement of Children Does Not Apply in Situations with Out-of-State Parents

The “DECANTING” Statute of the Florida Trust Code

Creditor Deadlines for Filing Claims Against an Estate Where Not Served with a Copy of the Notice to Creditors

Jurisdiction in Juvenile Division of the Circuit Court or Criminal Court

The Symbol of Love

Holding Estate and Probate Attorneys’ Feet to to the First

Natural v. Un-Natural Parental Rights

Ashes of a Decedent are not Considered “PROPERTY” Under Florida Law, and the Rights of Next of Kin are Limited to Possession of the Body for Purposes of Burial or Lawful Disposition

Successor Personal Representative’s Standing and Circuit Court Jurisdiction

In Florida, Although a Minor Child May be Legitimized After the Execution of a Will, if the Child was Board Previously, he or she is not considered a Pretermitted Child

Statutory Requirements Do Not Abrogate Common Law in the Modification or Termination of an Irrevocable Trust

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