Category Archives: Estate Trust Litigation
What Is The Time Limit For Enforcing A Contract Against A Deceased Person’s Estate?
A person’s death does not necessarily terminate all of their contractual obligations. The other parties to the contract may seek performance from the probate estate of the deceased, and even take legal action if necessary to remedy a breach. That said, basic principles of contract law still apply and may provide a valid defense… Read More »
Can Someone Appeal A Probate Decision If They Are Not An “Interested Person”?
Not everyone has the legal right to challenge a will or participate in a probate proceeding. Florida law only recognizes such rights for “interested persons.” The statutory definition of an interested person is someone “who may reasonably be expected to be affected by the outcome of the particular proceeding involved.” Broadly speaking, this group… Read More »
What Is The “Probate Exception”?
Probate is typically a state matter. In other words, any disputes regarding the administration of a probate estate must be tried under state law. Indeed, federal courts will typically abstain from intervening in state probate matters even when they would normally have jurisdiction. This principle is commonly referred to as the “probate exception” to… Read More »
How Does A Trust Help Me Avoid Probate?
Trusts are often described as legal vehicles to “avoid probate.” But what does that mean exactly? And why should anyone want to avoid probate in the first place? What Is Probate? Let’s start by defining probate. This refers to the process of administering a deceased person’s estate. A probate estate includes any assets that… Read More »
Why Do Probate Estates Need To Publish A “Notice To Creditors”?
Even in the age of social media, when government officials announce decisions on Twitter and Facebook, there are still some legal formalities that require the use of an old-fashioned printed newspaper. One such example is the “Notice to Creditors” that must be published for every Florida probate estate. Perhaps you have seen such notices… Read More »
The Limits Of The Federal Probate Exception
Federal courts often exercise what is known as diversity jurisdiction over civil litigation. “Diversity” in this context refers to a diversity in where the parties live. For example, if you are a Florida resident and sue a Georgia resident, even under Florida law, the defendant has the right to invoke diversity jurisdiction and have… Read More »
The Personal Representative’s Role In Collecting Money Owed To An Estate
When administering a probate estate, the personal representative may need to take legal action to collect any money or property owed to the estate. The personal representative has the same right to sue or be sued as the decedent. At the same time, the personal representative is also bound by any contractual arrangement signed… Read More »
What Is The Role Of A Trust Protector?
Trust litigation frequently involved challenges to the mental competency of the settlor, i.e., the person who originally created the trust. But a recent Arizona appeals court decision addressed a more interesting question: Is it possible to exercise undue influence over a settlor such that he improperly influences the actions of the person charged with… Read More »
Florida’s Fiduciary Access To Digital Assets Act
Florida was one of the first states to adopt a comprehensive “Fiduciary Access to Digital Assets Act.” This law covers not just situations where an authorized person–i.e., the personal representative of a probate estate–seeks to access data belonging to a deceased user, but also someone acting as a legal guardian for a minor or… Read More »
Who Will Be Named Executor Of An Estate If There Is No Will?
The appointment of a personal representative is one of the most important steps in the process of administering a probate estate. If the deceased individual–known in legal terms as the decedent–left a will, then that document will typically nominate a personal representative. But what happens when there is no will? How does the probate… Read More »