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Articles Posted in Estate Planning

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Florida Court Finds that Settlor Lacked Requisit Capacity to Execute Trust Amendment

In the Florida case of Jervis v. Tucker, 37 Fla. L. Weekly D349 (Fla. 4th DCA 2012) Bernice J. Meikle executed a revocable trust agreement in 1991, which she subsequently amended by executing a first amendment. Her trust, as amended by the first amendment, provided that Meikle’s power to revoke…

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The Importance of Proving Damages in a Tortious Interference Case

At face value, “tortious interference” occurs when someone interferes with some sort of expectation to a level that prompts judicial involvement. It often occurs in a business context, referred to as “tortious interference of business expectations,” and typically involves a defendant who has interfered with another party’s contract expectations. A…

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