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Florida Probate, Trust and Estate Blog

Pleading Florida’s Long-Arm Statute in Federal Trust Dispute

In order to resolve issues regarding personal jurisdiction the Court will typically analyze two questions.  First, whether personal jurisdiction exists over the non-resident defendant under Florida’s long-arm statute. And, second, whether that exercise of jurisdiction would violate the Fourteenth Amendment of the U.S. Constitution. 

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Clark Skatoff Attorneys Successfully Settle Federal Trust Contest

Attorneys at Clark Skatoff successfully settle Federal trust contest case in the Southern District of Florida.  Attorneys Jeffrey Skatoff and Anya Van Veen, on behalf of the daughter and grandchildren of a deceased resident of Florida, brought suit in Federal District Court for the Southern District of Florida to challenge a trust amendment to a revocable trust.

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Should I Sign a Waiver of Accounting in Probate?

In many probate administrations, the beneficiaries will be asked to sign a waiver of accounting, so as to release the personal representative of the estate from having to account to the beneficiaries.  Should you sign the waiver of accounting?

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Florida Probate Court Can Order Return of Decedent’s Out-of State Real Property

We are often confronted with Florida probate and trust cases that involve out-of-state real property.  For example, a Florida decedent may have owned real property in New York, but shortly before the decedent’s death, an unlawfully procured deed was executed transferring the real property to another person.  Many people assume that if out-of-state real property is involved, that any issues concerning the real property must be addressed by a court located in the other state where the real property is located. This is not true.

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How to Obtain Injunctive Relief to Freeze Assets in Federal Court

When suing over issues of personal property, such as golds coins, the plaintiff might want to ensure that the gold coins are not dissipated prior to the outcome of the case.  A Federal court will issue temporary injunctive relief upon a proper showing of entitlement.  A recent order from the Southern District of Florida reinforces the importance of properly pleading one's case in Federal court. 

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Trust Beneficiaries Not Indispensable Party in Trust Lawsuit Under Federal Rule of Civil Procedure 19

The lawyers of Clark Skatoff recently prevailed in motion practice on a Federal indispensable party issue in a trust dispute.  The plaintiff, represented by Jeffrey Skatoff, sued to invalidate a trust.  

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Florida Trust Accountings: 4 years or 6 months to sue? Woodward v. Corya

An important concern when bringing an action for breach of fiduciary duty for failure to provide a Florida trust accounting is the timeliness of the action. If a beneficiary does not timely sue, then the beneficiary will not be entitled to an accounting.  Florida law provides a couple of different limitations periods applicable to Florida trust accounting actions.

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Jeffrey Skatoff Prevails in Guardianship Trial Over Less Restrictive Alternative

Jeffrey Skatoff prevailed in a guardianship dispute in Palm Beach County, over the issue of less restrictive alternatives. 

Most guardianship litigation is over who is entitled to control the financial affairs of an incapacitated senior.  In some cases, the senior has previously executed a durable power of attorney and a health care proxy.

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Federal Court Permitted to Hear Inheritance Dispute

A Federal court is permitted to hear an inheritance dispute, so long as the case does not run afoul of the probate exception, the Younger Abstention Doctrine, and the Colorado River Abstention Doctrine.

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Non Probate Asset Controlled by Beneficiary Designation, Not the Will

Can a court, carrying out the terms of a will, control the disposition of a non-probate asset?  A recent federal case explains that non-probate assets are not controlled by the terms of a will, even if the will explicitly attempts to dispose of the asset.  Instead, if the non probate asset has a beneficiary designation, that beneficiary designation will control the disposition of the asset.

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