Notables

…Even an experienced probate and trust litigator may get caught in this statutory land mine on the litigation battlefield.

Section 736.0802(10) of the Florida Statutes requires that notice be given to the be beneficiaries about payment of legal bills, when the trustee desires to defend claims of breach of fiduciary duty, breach of trust, removal of trustee, or other similar claims. 

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. 

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.

In this recent decision, the Fourth District Court of Appeal reviewed the requisites for execution of a deed.  The Fourth District explained that where all essential legal requisites are present, legal title is conveyed, and that void deeds would be limited to forged deeds or deeds that violate constitutional homestead protections. 

…What does the phrase “Internet of Things” really mean?  The Internet of Things, or “IoT”, refers to the connection of everyday objects or devices to the internet, like wearable devices (such as Fitbits, Garmins, and Apple Watches), home electronics (such as Ring doorbell cameras, Nest cameras and home thermostats), devices that use natural language assistants (such as Alexa and Siri), Smart TVs, computer technology integrated into cars (such as the Tesla), and many others.

To sue an estate, there needs to be a personal representative.  An “estate” cannot be a party to a lawsuit.  This concept was again explained by the Court in the recent decision of De La Riva v. Chaves, — So. 3d —, 2020 WL 532283 (Fla. 4thDCA Sept.

…School districts across the country are now faced with further unprecedented tests – beginning a new school year in the middle of the COVID-19 global pandemic.  With millions of confirmed cases in the United States, including hundreds of thousands of fatalities, it is undoubtedly concerning for teachers to go back into the classroom in fear of their own health and safety, even with some degree of remote or distance learning. 

…After the proper presentation of claims against a decedent’s estate, it is then a personal representative’s duty to pay valid claims to the extent of the funds and assets of the estate which he or she has in his or her hands, subject, of course, to the decedent’s debts.

It is a personal representative’s obligation to ascertain the propriety and existence of the decedent’s debts and pay (and/or settle) those debts.

…Amid buying baby clothes, diapers, and toys, setting up a nursery, and managing the sleepless nights of new parenthood, estate planning may not be on the list of priorities for new parents.  What about considering how a child’s everyday needs would be met if they pass away: making sure they have well-balanced meals, seeing doctors for checkups, and getting a good education? 

…Partner John Farina is once again a recipient of the prestigious “AV Preeminent” peer review rating from Martindale-Hubbell. The “AV Preeminent” rating Mr. Farina has held since 1995 is the highest level of professional excellence and ethical standards an attorney can receive from the national attorney peer review rating service. The rating signifies that an attorney’s colleagues and the judiciary perceive him to be at the pinnacle of professional success.