The Fourth District Court of Appeal’s recent opinion in Cohen v. Scarnato, issued April 10, 2019, has us again rethinking the appropriate venue in which to bring a trust dispute action.

Florida Statute 47.122 provides that “[f]or the convenience of the parties or witnesses or in the interest of justice, any court of record may transfer any civil action to any other court of record in which it might have been brought.”  If seeking a transfer of venue under this section, and as explained by the Cohencourt, affidavits or other evidence are necessary to demonstrate the necessity for change of venue based on the statutory factors of convenience of the parties or witnesses or the interest of justice….

If you have won the lottery, then most certainly, congratulations are in order.  However, before Florida lottery winners, you may want to think about how you manage your brand-new wealth.  You may be excited to cash it in, go on a spending spree, buy a whole island or even just a new house, fancy sports car, pay off any debt, and send checks to your family and friends, aside from the initial payment of income taxes to the IRS.  However, the first thing to do – even before signing the winning ticket – is to call your trust and estate lawyer. …

Can a Florida Estate Be Reopened After Probate?

Just because a probate in Florida has been closed by a court, this does not mean that it cannot be reopened.  Indeed, public policy favors finality and the closing of estates.  A non-contested estate is supposed to be closed within 12 months from the issuance of letters of administration.  However, if probate assets are subsequently located after closure, a probate can be reopened to distribute those. SeeFla. Prob. R….