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4th DCA: Are a deceased son’s ashes “property,” subject to 50/50 partition...

Wilson v. Wilson, — So.3d —-, 2014 WL 2101226 (Fla. 4th DCA May 21, 2014) Lili Wilson (left), mother of Scott Patrick Wilson, who was the victim in the John Goodman DUI manslaughter case, leaves the...

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2d DCA: If the judge adjudicating your divorce enters final judgment, but...

Passamondi v. Passamondi, — So.3d —-, 2014 WL 228648 (Fla. 2d DCA January 22, 2014) The death of a spouse does not terminate the divorce proceeding or the family court’s jurisdiction if (i) a final...

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Florida must recognize gay widower’s Delaware marriage for purposes of...

Estate of Bangor, Case No. 502014CP001857 (Fla. 15th Cir, Palm Beach, August 5, 2014) Boca Raton attorney Andrew ‘Drew’ Fein successfully challenged Florida’s ban on gay marriage as applied to the...

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M.D.Fla: Can a corporate trustee caught in middle of on-going divorce...

Berlinger v. Wells Fargo, N.A., Slip Copy, 2014 WL 4071667 (M.D.Fla. August 18, 2014) Can a corporate trustee caught in middle of on-going divorce litigation sue one of the ex-spouses for unjust...

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4th DCA: What’s it take to collaterally attack a “quickie” Nevada divorce as...

Kelley v. Kelley, — So.3d —-, 2014 WL 4427275 (Fla. 4th DCA September 10, 2014) 4th DCA: “The driving force behind Nevada’s statutory impediment on collaterally attacking divorce decrees has its...

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Interview with a Probate Lawyer: Frank T. Adams

Frank T. Adams of Dunwody White & Landon, P.A. in Coral Gables, Florida, was on the winning side of Kelley v. Kelley, a case involving a collateral attack on a “quickie” Nevada divorce in...

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2d DCA: Surviving spouse’s Homestead Rights vs. ex-spouse’s contractual...

Friscia v. Friscia, — So.3d —-, 2014 WL 4212689 (Fla. 2d DCA August 27, 2014) 2d DCA: “[T]he homestead status afforded to the Decedent’s interest in the marital home does not negate the terms of the...

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4th DCA: Should post-nuptial waivers of homestead rights be assumed anytime...

Stone v. Stone, — So.3d —-, 2014 WL 5834826 (Fla. 4th DCA November 12, 2014) 4th DCA: Joint deed = valid homestead waiver under F.S. 732.702 Under Florida law a surviving spouse’s testamentary rights...

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4th DCA: Does a surviving widow have “standing” to assert her predeceased...

Lyons v. Lyons, — So.3d —-, 2014 WL 5460621 (Fla. 4th DCA October 29, 2014) “The Federal estate tax exemption is high enough, $5.43 million per person and double that per couple, that it only affects...

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4th DCA says NO to “legal gymnastics” aimed at getting around Florida’s...

Carroll v. Israelson, — So.3d —-, 2015 WL 3999486 (Fla. 4th DCA July 01, 2015) 4th DCA: “[S]ection 732.507(2) becomes operative on the date of dissolution, so it does not allow for such post-death...

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4th DCA: Can a surviving spouse’s $12.5 million “elective share” be reduced...

Blackburn v. Boulis, — So.3d —-, 2016 WL 231405 (Fla. 4th DCA January 20, 2016)  Konstantinos “Gus” Boulis (1949 – February 6, 2001) was a land developer, casino operator, and restaurant owner of Greek...

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2d DCA: Can Cayman Islands law determine the outcome of your post-divorce...

Ebanks v. Ebanks, — So.3d —-, 2016 WL 358867 (Fla. 2d DCA January 29, 2016) International divorces that morph into multi-national probate proceedings can be especially challenging. Even if you’re...

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4th DCA: Love and marriage in contested Florida guardianships

Smith v. Smith, — So.3d —-, 2016 WL 803625 (Fla. 4th DCA March 2, 2016) Glenda Martinez-Smith smiles as her husband Alan Smith opens his eyes while waiting for a doctor’s appointment at Holy Cross...

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2d DCA: Can a divorce court force you to terminate your irrevocable trust and...

Nelson v. Nelson, — So.3d —-, 2016 WL 7322546 (Fla. 2d DCA December 16, 2016) Multi-generational irrevocable trusts (often referred to as “dynasty” trusts) have always been around, but changes to...

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Federal Judge Rules Florida Must Add Same-Sex Spouses to Death Certificates

Birchfield v. Armstrong, No. 4:15-cv-00615-RH-CAS, —- WL —– (N.D. Fla. March 23, 2017) Hal Birchfield and James Merrick Smith Florida’s same-sex widows and widowers whose spouses died before the U.S....

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Is Florida’s post-divorce automatic revocation statute for life insurance...

Most of us would agree that most divorced spouses don’t want their ex’s to hit the jackpot after one of them’s died because someone forgot to update his or her estate planning documents. You’d be...

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2d DCA: If a “reputed” spouse is entitled to inheritance rights under Israeli...

Cohen v. Shushan, et al., — So.3d —-, 2017 WL 1018422 (Fla. 2d DCA March 15, 2017) A person’s “status” as a surviving spouse triggers all sorts of valuable inheritance rights under Florida law,...

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2017 legislative news: Big Changes to Florida’s Elective Share Statutes

If you’re a working probate attorney, elective share claims loom large in your practice. Which means anytime the thicket of interconnected and complicated statutes making up this body of law gets...

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Fla.: Marriage, Guardianships . . . and the Power of Framing

Smith v. Smith, — So.3d —-, 2017 WL 3774702 (Fla. August 31, 2017) How do we protect the elderly from exploitation and abuse, without sacrificing our fundamental rights as we enter old age, like the...

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4th DCA: Is a surviving spouse’s community-property claim subject to the...

Johnson v. Townsend, — So.3d —- 2018 WL 5291297 (Fla. 4th DCA October 24, 2018) Florida remains the largest recipient of state-to-state migration in the US, and the top choice among retirees. A...

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