Mark Zuckerberg and Facebook have sued a number of prominent law firms and lawyers for the filing of a lawsuit against them that turned out to be (allegedly) based on fraud and forgery. The claims brought by Facebook and Mr. Zuckerberg are for malicious prosecution and deceit and collusion with intent to deceive the court.
Banks in Florida receive writs of garnishments all the time. The bank answers the writ, and the account holder also gets a chance to respond. But what if the money in the account does not belong to the debtor, and is instead the debtor's wife's money?
The Uniform Probate Code is a model law created by experts in the field of probate. It is a reflection on the various probate laws of the different states, as well as a suggestion for what the law ought to be, based on the expert opinion of the drafters of the model code.
Being subjected to a guardianship is usually not something desired. The cost can be high, the loss of privacy is upsetting, and the loss of control over one's life can be dehumanizing. There are ways, however, to stop a guardianship proceeding in Florida, or at least take steps to control the outcome.
As the ban on same sex marriage continues to crumble nationwide, estate and probate cases are being decided.
Today, August 5, 2014, Palm Beach Circuit Court Judge Diana Lewis, Probate Division, ruled that Florida law prohibiting same sex marriage was unconstitutional pursuant to the United States Constitution and the United States v. Windsor decision of the United States Supreme Court.
In an age where nearly all business is handled by electronic means, only an original will can be admitted to probate under Florida law. That is, photocopies will not suffice without some other evidence. This is not true for Trusts, however. Where evidence of a trust is required—for instance, to establish one’s authority as trustee to transact on an account owned by the trust—a photocopy of the trust instrument will suffice. Florida law further allows for judicial construction of a trust where only a portion of the trust can be located. In fact, applicable law doesn’t require the existence of a physical document at all.
Will contests are common in Florida, due to the aging population and growing levels of mental disease (such as dementia and Alzheimer's disease). An unscrupulous family member or friend will have an estate plan prepared for an elderly or infirm person, whereby that person benefits at the expense of the intended estate beneficiaries of the person. When the person dies, estate litigation can commence.
We have many clients who appreciate the work that we do and provide reviews of Clark Skatoff. In 2014, we started to make a list of some of the notes and reviews that we have received.
Siegel v. JP Morgan Chase Bank.
What is believed to be the longest and nastiest breach of trust lawsuit in the State of Florida is still going strong, after 10 years, four appeals, and several weeks of trial. The trial of the case was completed earlier this year and is once again going to appeal. The probate court, after a two week trial, handed JP Morgan a complete and total victory over the beneficiaries of the estate and trust, even though the beneficiaries had mostly prevailed on the prior four appeals.
A personal representative of a Florida probate estate is required by the Florida Probate Code to file an estate inventory. The inventory sets forth those assets that are probate assets in the hands of the personal representative. The inventory is required to be filed no later than 60 days after the issuance of letters of administration to the personal representative.