2020 Florida Case Roundup

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Lopez v. Hernandez (5th DCA 2020).  Explaining the narrow situations where a beneficiary can be liable for attorney fees in estate litigation.

Heritage Foundation v. Estate of Schmid (2nd DCA 2020).  Awarding attorney fees in Florida will reformation and modification actions.

Zaidman v. Zaidman (3rd DCA 2020).  Handwritten foreign will with one witness not valid in Florida.

Waldon v. In Re Guardianship of Charles Waldon (3rd DCA 2020).  In depth review of appointment of a guardian having a conflict with the ward.

Klein v. Estate of Klein (4th DCA 2020).  Beneficiary settlement agreement controls allocation of subsequent legal malpractice settlement, in spite of some beneficiaries being unhappy with result.

Katz v. Riemer (3rd DCA 2020).  Discovery of beneficiaries’ financial information denied in legal malpractice action against estate attorney.

Erlandsson v. Erlandsson (4th DCA 2020).  Court appointed lawyer in guardianship case required to advocate for expressed wishes of prospective ward, not necessarily “best interests.”

Demircan v. Mikhaylov (3rd DCA 2020).  “Common law of trusts” alive and well in Florida, used to modify an irrevocable trust.

Anderson v. Pets (2nd DCA 2020).  Renting out rooms in house does not cancel Florida homestead protections.

Schlossberg v. Estate of Kaporovsky (4th DCA 2020).  Deed operates to partially revoke revocable trust.

In re Bloom (2nd DCA 2020).  “De facto” trustee not entitled to fees from trust.

Lefkowitz v. Schwartz (5th DCA 2020).  Judgment creditor in independent action cannot impose constructive trust over probate estate assets.

Spear v. Denmark (3rd DCA 2020).  Trustee fees reduced 90% because work was unnecessary and/or unauthorized.

September 2020 Amendments to Florida Probate and Guardianship Rules.

De La Rive v. Chavez (4th DCA 2020).  Proposal for settlement a nullity when served after death of party but before substitution.

Drapp v. McDaniel (2nd DCA 2020).  Voiding deeds for lack of capacity and undue influence.

 

 

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