Although civil-rights icon Rosa Parks passed away leaving behind a modest estate,
Continue Reading Rosa Parks’ Estate Scheduled For Jury Trial
January 2007
Divorce + Life Insurance Payments to Ex’ = Probate Litigation
Fraud trumps “technical deficiencies” when validating land trusts
Keller v. Estate of Keller, 2007 WL 162770 (Fla. 4th DCA …
Continue Reading Fraud trumps “technical deficiencies” when validating land trusts
Another probate court gets reversed for failing to appoint the testator’s designated personal representative
It was only about a month ago that I wrote here about…
Continue Reading Another probate court gets reversed for failing to appoint the testator’s designated personal representativeCourt to PR: just because you have grounds to sue, doesn’t mean you should
Disque v. Unger, 2007 WL 101375 (Fla. 4th DCA Jan 17,…
Continue Reading Court to PR: just because you have grounds to sue, doesn’t mean you should
Celebrity Probate Litigation
An AP article entitled Family Feuds Follow Famous People After Death has…
Continue Reading Celebrity Probate Litigation
“Pay on Death” vs. “In Trust For” bank accounts
Jonathan Alper’s Asset Protection Blog had an interesting post entitled Bank Accounts …
Continue Reading “Pay on Death” vs. “In Trust For” bank accounts
Testamentary capacity: is the “lucid interval” standard still good law?
Philosophical arguments for and against estate taxes
Last year’s estate tax debate was compelling on many levels. One interesting aspect of the debate was that it forced those on both sides of the issue to consider — and articulate — their fundamental philosophical beliefs with respect to property rights, inheritance rights, and the role of taxation in our society.
Which is why I found an excellent research paper published by the IRS entitled "Federal Taxation of Inheritance and Wealth Transfers" especially thought provoking. It contains the best summary I’ve read to date of the historical bases for the divergent philosophical world-views playing themselves out in the current estate-tax repeal debate. The following is an extended excerpt that is well-worth reading for anyone remotely interested in the issue:Continue Reading Philosophical arguments for and against estate taxes
The ABA Promotes Land Trusts
I recently wrote here about a land-trust case roiling Florida’s real property…
Continue Reading The ABA Promotes Land Trusts