A child may establish paternity in Decedent’s probate estate, provided the child complies with the statute of limitations governing such paternity claims. See Fla. Stat. § 742.10(1).
A recent federal case holds that the personal representative of an estate cannot waive the attorney-client privilege between a guardian and the guardian's attorney.
When a person is found incapacitated and placed under a guardianship, the exercise of some or all of that person’s rights are exclusively delegated to the guardian. That is, those rights which the court finds the person (ward) unable to personally exercise can only be exercised by the guardian. Thus, when a ward takes an action which he or she has lost the right to take, that act is typically void ab initio and treated by the courts as if it never happened.
Florida has long been a haven for seasonal residents and “transplants” who have relocated or retired to Florida. From a probate standpoint, it is not uncommon for these individuals to hold property—real estate in particular—outside of Florida at the time of death. When a Florida resident dies owning real property outside of Florida, a foreign probate, known as ancillary administration, may be required. Recently, as a result of a very unique litigated matter, the attorneys of Clark Skatoff PA successfully completed the administration of an ancillary probate in the province of British Columbia in Canada.
Brian Spiro and the attorneys at Clark Skatoff successfully resolved a probate and trust dispute by providing a tremendous result for their clients. On behalf of the Decedent’s intestate heirs, challenges were raised to three (3) wills and four trust (4) amendments. Every such document needed to be invalidated in order to prevail. An uphill battle to say the least. Mr. Spiro gave a 110% effort in order to achieve a result equivalent in percentage to his effort. In short, Mr. Spiro was able to provide his clients a recovery approximately 10% greater under the settlement than his clients could have achieved had they been successful in trial.
The Racketeer Influence and Corrupt Organizations Act ("RICO") can be used as a civil remedy in instances of a pattern of significant criminal activity. RICO provides for treble damages. The Court of Appeals for the Second Circuit recently ruled that RICO claims can be brought in connection with unlawful activities by an executor or personal representative, in connection with the estate of the father and financial backer of noted fashion designer Vera Wang.