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Florida Probate, Trust and Estate Blog

The Jose Fernandez Estate: Questions, Uncertainty

Jose Fernandez, a once promising young starting pitcher for the Miami Marlins, was killed when the boat he was aboard crashed into a jetty off the Miami Beach coast. Authorities and initial reports stated that Fernandez was accompanied by two other individuals (Jesus Macias and Eduardo Rivero) at the time of the crash. 

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Bad Faith Claim against Decedent’s Insurer not Subject to Creditor Claim Period

Can a claim for bad faith be maintained against a decedent’s insurance company, where the claimant failed to file a timely creditor claim against the estate?  A new Florida case says yes, the bad faith claim against the insurance company can be maintained.

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Another Great Review for Probate Lawyer Brian Spiro

From a client: Dear Brian, Your tenacity, patience, intellect and thoughtfulness are truly appreciated. You turned the underdog into top dog!  We both thank you and know that you are at the beginning of a very successful career!  So glad we found you! Sincerely, S & I

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Is An Assisted Living Facility Responsible When Employees Coerce Residents Into Making “Gifts”?

Elderly individuals move to Florida at a higher rate than anywhere else.  As a result, predatory individuals such as caregivers, aids, and others prey on the elderly or infirmed.  The predatory actions frequently result in changes to the elderly individual’s estate plan including procuring lucrative gifts, obtaining deeds to their benefit, beneficiary designation changes on life insurance policies, transfer or pay on death accounts, among others. 

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Surviving Spouse Rights in Florida

Florida law grants surviving spouses a number of important rights and benefits.  It is imperative that a surviving spouse retain counsel with significant experience in the Florida probate process.

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Forum Non Conveniens in Federal Probate Litigation

The forum non conveniens doctrine allows a court to defer its jurisdiction where principles of justice and convenience favor the action being brought in another forum.  In a recent federal probate dispute involving a billionaire's global assets and the imposition of foreign law, a federal district court dismissed the dispute on forum non conveniens grounds.

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Drafting Attorney's Computer Inspected for Evidence in Will Contest

A Surrogate’s Court in Erie County, New York, ordered the drafting attorney of a will to turn over his computer during discovery in a will contest.

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Jeffrey Skatoff Prevails in Trial in Trust Accounting Dispute

Trust accounting litigation can be messy and expensive.  In a recent trial, attorney Jeffrey Skatoff prevailed in a trust accounting and probate accounting dispute.

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Another Great Result for Attorneys of Clark Skatoff

The probate attorneys of Clark Skatoff once again achieved an outstanding result for client.  In this case, the decedent, in his 90's, was referred to a caregiver.  Right away, the caregiver and the decedent allegedly began a romantic relationship.

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Florida Conservatorships For Property of Missing Persons and Absentees

In practice, we routinely deal with probates (concerning a decedent’s assets) and guardianships (concerning a ward unable to care for his person and/or property).  A conservatorship is a lesser-known proceeding available to deal with the property of an absentee, or to care for or address judgments concerning an absentee’s family. 

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