Elder Law
New Opportunities to Decant in Florida, Part II: Successful Execution of Trust Decanting
Part I of this article reviewed the 2018 changes to Florida’s trust decanting statute, discussing in particular the expanded authority...
New Opportunities to Decant in Florida, Part I: Recent Changes to the Trust Decanting Statute
If a revocable trust is one that may be fully amended or revised in any way, then an irrevocable trust...
Is My Judgment in Your Best Interest? How Decisions Are Made in Guardianships and a Suggested Reform
When Glenda Martinez and J. Alan Smith met in 2008 through a social media website, little did they know how...
Twelve Ways of Proving the Negative and Overcoming the Carpenter Presumption of Undue Influence
Estate planning attorneys should be acutely aware of the presumption of undue influence that arises in a will contest1 after...
Adoption of Daubert in the Amendment to F.S. §90.702 Tightens the Rules for Admissibility of Expert Witness Testimony
Nearly 20 years ago, the U.S. Supreme Court held that the admissibility of expert witness testimony under the long-standing standard...
Protecting the Elderly from Financial Exploitation: The Dilemma and Solution, Part II
There are remedies available to the person with diminished capacity who has been financially exploited. The problem is to convince...
Protecting the Elderly from Financial Exploitation: The Dilemma and Solution, Part I
According to the Alzheimer’s Association, there are approximately five million Americans who have some type of dementia. Close to 50...
Grandparents, Guns, and Guardianship: Incapacity and the Right to Bear Arms
The Bill of Rights is the touchstone for identification of constitutional guarantees because it enumerates the fundamental rights that are...
The Longstanding Concept of “Abandonment” of the Homestead Did Not Survive the 1985 Amendments to the Florida Constitution
In 1984, the voters of this state approved a change to the language in art. X, §4 of the Florida...
Exempt Property Under the Florida Probate Code: 2009 Amendments to F.S. §732.402 and Statutory Exemptions
In Florida, there is constitutional exempt property and statutory exempt property under the Florida Probate Code. Both exemptions provide protection...
