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Florida Probate Litigation Lawyer Blog

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In Florida, You Cannot Manipulate a Trust with an Adult Adoption

Florida is one of many states that allow adult adoption, which is often used to allow a stepparent to adopt a stepchild later in life. See Fla. Stat. § 63.042. Florida has, however, limited this ability in certain circumstances, such as adopting one’s spouse. See Fla. Stat. § 63.042(2)(c) (finding…

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Fiduciary Duty of the Personal Representative of an Estate

Billionaire Ron Perelman is being accused of spending up to $30 million in legal fees from his daughter’s inheritance defending unsuccessful lawsuits against his former in-laws. After the death of Perelman’s second ex-wife, Claudia Cohen, he was appointed the “executor” of her estate, which in Florida, is referred to as…

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Florida 5th District Court of Appeals Upholds Spendthrift Trusts as Constitutional

Different types of trusts offer varying levels of protection from creditors, and just because an individual is the beneficiary of a trust containing a significant amount of assets, does not mean that creditors of that individual will be able to go after those assets if the individual fails to pay…

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Estate Planning for Same-Sex Couples Post-DOMA

As ABC’s hit sitcom “Modern Family” becomes a reality for many American families, the estate planning industry must evolve as the number of same-sex marriages increases. A Gallup poll released on July 29, 2013, revealed that the majority of Americans, 52%, would vote in favor of legalizing gay marriage in…

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How Should an Estate Executor Manage the Clothing and Personal Effects of a Decedent in Florida?

August 5, 2013, will mark the 51st anniversary of Marilyn Monroe’s tragic death due to a drug overdose in 1962. Marilyn was an extremely successful American actress, model, and singer, who became a major style icon for young women during the 1950s and early 1960s. After her death at the…

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Did a hospital coerce a reclusive copper heiress to give away part of her $300 million dollar estate?

Did a hospital coerce a reclusive copper heiress to give away part of her $300 million dollar estate? That is what relatives of Huguette Clark are claimed in a suit filed in Manhattan Surrogate’s Court. Ms. Clark was admitted to Beth Israel Medical Center in Manhattan in 1991 when she…

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Benjamin Franklin’s dire assessment of life’s certainties proves true yet again.

It is still as true today as it was in 1789 when Benjamin Franklin coined the phrase “nothing can be said to be certain, except death and taxes.” Despite his best efforts to avoid falling victim to this inviolable inevitability, Japanese supercentenarian Jiroemon Kimura, who was recognized by Guinness World…

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Is Your Business at Risk?

http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/8c9f13012b96736985256aa900624829/e000e018d4b1357685257bd4006aa1bc!OpenDocumentThe law applying to LLCs in the state of Florida is about to undergo a number of changes that will affect every single LLC that is currently doing business in the state of Florida, as well as those LLCs that have yet to be created by enthusiastic entrepreneurs. The Florida…

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