Real Property, Probate And Trust Law
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...
Overcoming Retirement Plan In-SECURE-ity
The SECURE Act (Setting Every Community Up for Retirement Enhancement Act of 2019) (SECURE), which was signed into law on...
Legal Magic: Turning Real Property Foreclosures Into Uniform Commercial Code Sales
Remedies for defaults under loans secured by real property varies on a state-by-state basis. In the eastern part of the...
The Yellow Brick Road to [Q]Oz Becomes Clearer
A significant new tax incentive was added by the Tax Cuts and Jobs Act of 2017, which allows taxpayers to...
Danger Will Robinson: The New Frontier of Remote Online Notarization and Electronic Wills
On June 7, 2019, to the delight of some practitioners and the horror of others, the future of remote notarization...
