Recent Blog Posts
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 »
Surviving Spouse in Florida Probate: Tenant-In-Common Election and Pretermitted Spouse
In times past, the only option most surviving spouses would have under Florida probate law would be to inherit a life estate possessory interest from their deceased spouse. However, today surviving spouses in Florida are afforded a choice – a tenant in common election – that we will briefly discuss in the following article…. Read More »
FTC’s Ban on Non-Compete Agreements Coming Closer to Fruition
In April 2024 the Federal Trade Commission (FTC) issued a landmark rule that, if put into effect, would aim to ban non-compete agreements across the United States. The purpose of this new rule is to open the gates to increased competition and worker mobility. This would be a significant change and impact employers and… Read More »
I Don’t Want this Inheritance: Now What?
Many dream of a long lost uncle whose unexpected favor will usher in undreamed of fortune. No one wants someone that they know and love to pass away, of course. But a tv-movie level life changing inheritance involving a vast estate, (and potentially even an attractive equestrian manager who knows how to speak to… Read More »
Key Florida Estate Planning Trusts You Should Know About
Florida law has developed to offer its citizens diverse and unique options for setting up robust estate plans and asset protection strategies. These include a number of Trusts that can be employed to manage your estate/assets in various ways. This article will go over the general basics of several trust options available to Florida… Read More »
Why Do People Try to Avoid Probate in Florida?
Have you heard that you should avoid probate but you do not really know why? Or are you new to estate planning and not sure what probate is in the first place? You are in good company! These concepts are complex and many are not certain of how they might apply to them until… Read More »