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Monthly Archives: December 2020

New Statutory Requirements for an Attorney Serving as Personal Representative or Trustee

The new changes to Fla. Stat. 733.617 of Florida’s Probate Code and Fla. Stat. 736.0708 of Florida’s Trust Code now require a written statement by the testator of a will or settlor of a trust, acknowledging that the attorney made certain disclosures to them before the will or trust was signed. 

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Undue Influence: Tittle v. Dahm, — So. 3d — 2020 WL 6053264

The October 14, 2020 opinion from Florida’s Third District Court of Appeal affirmed the trial court’s denial of a petition for administration, grounded on a finding of undue influence.

The takeaway from this opinion is the Third District’s explanation that the factors in the seminal case of In re Carpenter’s Estate…, 253 So.

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