Congrats Chuck Rubin!

A huge congratulations is in order for Chuck Rubin for being elected as an ACTEC (American College of Trust and Estate Counsel) Fellow!  

Comments

Post a Comment

Popular posts from this blog

Malleiro v. Mori, Mori and Corallo

Malleiro v. Mori , 182 So.3d 5 (Fla. 3d DCA 2015) This case serves as a lesson in rarely used words buried in the Florida Probate Code.  The Court was asked to determine whether an unsigned notarial will executed in Argentina was a valid will under the Florida Probate Code.  The Court ultimately held that because the Argentine will was unsigned, even though it was a notarial will, it was a noncupative will prohibited by the Florida Probate Code. The testator executed a valid will in New York distributing her real and personal property located in the United States.  Four months later, she executed a second will in Argentina.  The Argentine will was not executed with the usual formalities of American wills.  Instead, the testator orally pronounced her testamentary wishes to a notary who transcribed them in the presence of three witnesses.  The testator orally approved the typewritten will in the presence of the witnesses, and the notary signed and stamped the will.  The testator
Read more

Lyons v. Lyons

Lyons v. Lyons : 162 So. 3d 212 (Fla. 4th DCA 2015), 2015 WL 543106 While this opinion came about because of a trust contest among family members, the decision relates to broader principles of discovery relevant for all litigators.  The case centered around a privilege objection to the production of documents from the trust accountant, a nonparty, pursuant to Florida Rule of Civil Procedure 1.351.  The Court held that under the amended Rule 1.351, an objection does not automatically trigger a deposition pursuant to Rule 1.310, and instead, the court has the ability to rule on the objection.  A court is required to rule on any claim of privilege, and should conduct an in camera inspection prior to production of the privileged documents.  The trial court has discretion to fashion the process to deal with the production of documents, and here, where the trial court entered an order providing a procedure for the accountant to gather the documents, for review of the documents, and for
Read more

Goodstein v. Goodstein

Goodstein v. Goodstein ,  263 So.3d 78 (Fla. 4th DCA 2019) I started this blog in 2013, and this is the first time I have the opportunity to write about a case that I am actually involved in. This case involves a long-running dispute between the father of the decedent, the personal representative of the estate, and the decedent's children, the beneficiaries of the estate (the personal representative's grandchildren). The personal representative appealed a decision by the trial court which required all estate assets to be placed in a restricted depository. Restricted depositories have been common-place in Miami-Dade County for quite some time. Recently, South Palm Beach County has instituted as similar requirement. As a matter of course, all estates opened since the introduction of this policy have been required to place all assets in a restricted depository and assets may only be withdrawn with a court order. Here, the beneficiaries had concerns about their actions a
Read more