Monthly Archives: October 2024
Strategies to Include Long-Term Flexibility in Florida Trusts
Planning for the unknown is an important skill that comes into play in many areas of life – and it can significantly impact estate planning. Particularly when it comes to building the appropriate trust for your estate – it can be essential to think through the “what ifs” and anticipate the unexpected happening. Intentionally… Read More »
“Novation”: Breach of Contract Defense in Florida
If you were to replace one contract with another, would the original contract still be enforceable? Well, the answer to that question revolves around a contract principle called novation. Novation in Florida Law It has been established that under Florida case law, “novation is a mutual agreement between the parties to a contract for… Read More »
What is the Rule Against Perpetuities – and How Does it Work in Florida?
The term “rule against perpetuities” is something you are unlikely to encounter unless you are in the midst of some kind of estate building, probate issue, or in the middle of a law school classroom. As we have discussed in previous articles, several items in our modern-day law are evolutions of ideas and concepts… Read More »
Mental Capacity in Florida Probate
Our office recently offered a brief article discussing some of the facts we currently know about the Sergio and Tatiana Pino case. While our last article briefly discussed some of the facts and questions surrounding Florida joint tenancy, this article will further discuss some of the claims and challenges currently in play in the… Read More »
Sergio Pino and the Battle of Probate vs Joint Tenancy
It is not altogether uncommon for a probate case and a criminal case to collide. However, a Florida criminal and probate case is rarely as sensational as that of the recent case of Sergio Pino, a wealthy South Florida “Century” developer. The Case of Sergio Pino For those who are unfamiliar with the case,… Read More »