A Jacksonville Trial Lawyer can be very helpful in the event that your dispute needs to go to trial. There are many different types of Jacksonville trial attorneys. The Law Office of David M. Goldman PLLC has Jacksonville Civil Trial lawyers as well as Jacksonville Criminal Trial Lawyers. We Deal…
Yes, heirs have a right to see the will and to know everything about the assets and distributions. Yes, some personal effects can be distributed before the “will closes” or the probate is closed. Florida probate laws include many protections for the beneficiaries of a probate estate. If you are…
Florida Commercial Foreclosure Case Law Update Recently a Florida Court ruled that a Certificate of Authority is not required for a borrower to foreclose of a commercial property. Summary –Mortgage foreclosure — Commercial property — No merit to borrowers’ argument that national bank’s failure to obtain and hold a “certificate…
Jacksonville Probate court is located in Duval County. All Jacksonville Probate cases are handled by Judge Dearing. Jacksonville does not have any unusual probate fees. The Duval County Courthouse is located at: 330 E. Bay St. Jacksonville, FL 32202 Tel: (904) 630-2053. Note the Court is expected…
Trust Arbitration Clauses are common in Florida. In many states, they are not always enforced but Florida passed a law a few years ago that makes them enforceable in Trusts. Florida Statute 731.041 Arbitration of disputes. (1) A provision in a will or trust requiring the arbitration of disputes, other…
A couple was recently charged with theft and elder abuse for taking money from their elderly parents, under authority of a power of attorney to pay for personal expenses. These included vacations, plane tickets, lodging and meals. Matthew D. Gardner an Iowa Estate Planning Lawyer wrote about this case and…
Recently we have begun seeing more cases involving agents who abuse their power of attorney in order to benefit themselves. Most people do not realize that once they have become an agent for an individual, their duty is to act in the best interest of the individual and not for…
Helmsey’s estate made 53 charitable grants this week. Most of the money was given to hospitals and for medical research. Only 1 Million was given to 10 animal and dog charities equally. These donations came after a New York judge ruled that the trustees for the Helmsley Charitable trust has…
Jonathan G. Blattmachr, a partner at Milbank, Tweed, Hadley & McCoy LLP, has published “Reducing Estate and Trust Litigation Through Disclosure, In Terrorem Clauses, Mediation and Arbitration” in the Cardozo Journal of Conflict Resolution, 9 Cardozo J. Conflict Resol. 237 (2008). He suggests six methods to reduce litigation. 1. Advise…
Gerry Beyer has an article on a Trustee’s Duty to Disclose and the rise in Surcharge Litigation. Dana G. Fitzsimons Jr. recently published an article – Navigating the Trustee’s Duty to Disclose, Prob. & Prop., Jan/Feb 2009, at 40. If you are managing wealth for your children, this should be…