Real Property, Probate And Trust Law
Senate Bill 4-D and the Champlain Towers South Disaster: A Problem in Response to a Problem
On June 24, 2021, we witnessed one of the most disturbing events in recent memory. A residential condominium building in...
Understanding the New Florida Community Property Trust, Part II
Death of a Spouse A Florida Community Property Trust (FLCPT) is a joint trust that holds the assets of a...
Understanding the New Florida Community Property Trust, Part I
The Florida Community Property Trust Act,[1] which is effective for such trusts created on or after July 1, 2021, provides...
Protectors and Directors and Advisers: Oh My! The New Florida Uniform Directed Trust Act
In July 2021, Florida adopted the new Florida Uniform Directed Trust Act (FUDTA),[1] in response to the increased use of...
Can Selection of a Trustee Be a Material Purpose Under F.S. §736.0706(2)(d)?
Establishing a paradigm in which the settlor’s intent may be respected is an important aspect of a well-drafted estate plan....
Where the Presumption of Undue Influence Should Not Apply: Consider the “Dutiful Son” and the “Dutiful Daughter” Exceptions
More than 30 years ago, our Florida Supreme Court in In re Carpenter, 253 So. 2d 697 (1971), outlined relevant...
2020: A Challenging Year for Keeping Up With Changes to Probate and Guardianship Rules and Statutes
In addition to all of the unprecedented changes affecting just about every aspect of their lives in 2020, probate and...
Enter the Twilight Zone: The IconBrickell Case and Mixed-Use Condominiums
As Florida has become more citified, mixed-use developments have become much more common. Typically, these buildings consist of a single...
Terrain, Taxes, and Land Trusts: Saving the Florida Panther Through the Use of Conservation Easements
The Florida panther (puma concolor coryi), the official state animal of Florida, is the last remaining subspecies of “Puma” (also...
The End of the Two Subscribing Witnesses Requirement for Florida Leases
The Florida Legislature passed a bill in the 2020 session amending F.S. §689.01 (known as the statute of conveyances) so...
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