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The Florida Bar Journal

Real Property, Probate And Trust Law

A Summary of Buyer Claims in Florida Real Estate: Misrepresentation, Mistake, and Statutory Theories

Featured Article
The recurring fact pattern is familiar: A buyer closes on a property and later discovers water intrusion, structural distress, undisclosed...

The “Dutiful Child” Debate: Carpenter, Kester, and the Presumption of Undue Influence Revisited

Real Property, Probate and Trust Law
In 2021, The Florida Bar Journal published, “Where the Presumption of Undue Influence Should Not Apply: Consider the ‘Dutiful Son’...

Keep Your Date of Breach Argument for Damages to Yourself, I have a Tort Claim for Construction Defects

Featured Article
This past year, the Third and Fourth District courts of appeal issued decisions regarding the date of the measure of...

Post-Death Planning in Marital Agreements: A Primer and a Call for Collaboration

Real Property, Probate and Trust Law
In most cases, the primary purpose of a marital agreement, whether it be in the form of a premarital agreement...

Ethics in Estate Administration — Tips and Practice Pointers

Featured Article
Estate administration covers a broad range of legal and tax issues and can involve a multitude of different parties with...

Turning Straw Into Gold: A Comprehensive Guide to Tenants by the Entirety in Florida

Featured Article
In the tale of Rumpelstiltskin, a miller’s daughter, with the aid of a mysterious figure, turns straw into gold, thereby...

Creative Strategies for Defending Cases Involving Tortious Interference With Inheritance Expectation Claims

Real Property, Probate and Trust Law
Over the last few years, an increasing number of cases have been filed in which plaintiffs assert a claim for...

Update to Asset Protection Proofing Your LP or LLC for a Bankrupt Partner or Member

Featured Article
Asset protection attorneys often advise a client who may have future creditor claims to transfer assets to a limited liability...

Recent Changes to Community Property Rights on Death

Featured Article
Florida continues to be a top destination for retirees, investors, and other individuals who enjoy living in the Sunshine State....

Florida Adopts Uniform Fiduciary Income and Principal Act

Real Property, Probate and Trust Law
Florida recently modernized its laws related to the administration of estates and trusts by enacting the Florida Uniform Fiduciary Income...
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