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Articles Posted in Trust Litigation

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Can You Be Punished For Bringing A Lawsuit in Bad Faith Against An Estate?

A will or trust is one of the essential documents that every person should create.  These documents dictate how a person’s assets should pass after death to a personal representative or a trustee.  However, will and trusts are sometimes contested by family members when the documents are legally invalid, or…

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Should Florida Enact a Disinheritance Statute to Prevent Elder Law Abuse?

Elder law is one of the most important legal fields in Florida because it helps address the unique needs of this state’s large elderly population.  One of the growing concerns in the legal community is the rise of elder abuse.   The abuse is frequently under-reported, and worse, the abusers are…

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Florida Case Holds Estate Planning Attorney Must Testify in an Undue Influence Trial

Florida’s 3rd District Court of Appeal held on October 26, 201 that an estate planning attorney must break the attorney-client privilege for  deceased client must by testifying in a will contest trial for undue influence.  The trial court ordered the attorney to testify, and the attorney refused.  The attorney appealed…

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Are Remainder Beneficiaries entitled to an Accounting in Florida?

Today I received a copy of a recent Florida’s 4th District Court of Appeal dealing with a remainder beneficiary and a the ability to demand an accounting from a revocable trust before the death of a grantor.  John J. Pankauski Sent me a well-written summary of the Case from October…

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Jurisdiction of Florida Trust Case

Florida Trust Code & the Florida Long Arm Statute There are many estate planning benefits for creating a revocable or irrevocable trust in Florida. Trusts can help our Jacksonville clients avoid probate, efficiently manage assets, save money on estate taxes, and protect assets. A person can create a trust in…

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The law of charitable pledges

One issue that occurs in estate planning is whether or not a charitable pledge can be enforced on a person’s estate after death.  Wealthy individuals often make pledges to their favorite charitable organizations during their lifetime, only to die before fulfilling the pledge.  Executors are then placed in the difficult…

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