WILL, TRUST AND FIDUCIARY LITIGATION
Beneficiaries Rights. Determination of beneficiaries and heirs. Intestate succession. Inheritance rights. Appointment of personal representative. Discovery of later will. Right to possession of property.
Will Contests. Grounds for contest. Execution or qualification. Incompetency. Fraud, duress or undue influence. Revocation. Other grounds. Standing to contest. Interest in estate. Filing requirements. Renunciation of benefits. Pleadings. Petition for revocation of probate. Replies to petition. Motions. Discovery. Florida Rules of Civil Procedure. Mediation. Trial. Testimony. Documentary evidence. Settlement. Fee recovery.
Rights of Surviving Family. Elective share of surviving spouse. Exempt property. Family allowance. Prenuptial agreements. Postnuptial agreements. Pretermitted spouse and children.
Jointly Held Assets. Tenancy in common. Joint tenancy. Tenancy by the entireties. Creation of joint interests by gift. Burden of proving gift and presumptions. Multiple party accounts. Ownership prior to death of party. Ownership by survivorship. Beneficiary designation accounts. Transfer-on-death security registration.
Creditors’ Claims. Three month claim statutes. Two year non-claim statutes. Objections. Independent actions. Payment on claims. Action when no claim filed. Executions and levies. Tolling of statute of limitations.
Will Construction. Jurisdiction and choice of forum. Procedure for petitions or complaints. Rules of construction. Statutory rules. Interpretive and probative rules of construction. Admissibility of extrinsic evidence.
Homestead Litigation. Constitutional provisions. Statutory provisions. Form of ownership of property. Possession of homestead by personal representative or trustee. Life estates and remainder interests. Alienation of property during life. Devise of property. Exemption from claims of creditors. Waivers of homestead protection. Pleading and procedure. Notice. Interested persons.
Removal of Personal Representative or Trustee. Statutory grounds. Conflict and hostility. Endangerment of estate. Commencement of removal proceedings. Standing, jurisdiction and venue. Timing. Accountings. Delivery of assets and records. Administration following removal. Surcharge and liability of personal representative for mismanagement.
Trust Litigation. Grounds for Trust Contest. Execution or qualification. Fraud, duress or undue influence. Commencement of trust proceedings. Parties to trust actions. Necessary or indispensable parties. Beneficiaries as parties. Standing of beneficiaries. Virtual representation. Jurisdiction in trust actions. Trust actions involving probate administration. Nonresident parties. Service of process. Principal place of administration and venue in trust actions. Evidentiary issues in trust actions. Privileges, work product and extrinsic evidence.