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.
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?
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.
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.
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.
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.