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Daytona Legal Blog

Intent in the Construction of a Will
Written by | February 12, 2014

It is imperative that the language in a will not be ambiguous. Most importantly, the testator’s intent must avoid oral instructions in the

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Probate Litigation | How To Prove Undue Influence
Written by | January 23, 2014

The burden of proof required for undue influence cases is more complex than meets the eye. A qualified and experienced Florida Undue Influence

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Estate Planning | Irrevocable Life Insurance Trust Isn’t So Crummey
Written by | January 17, 2014

The tax loophole referred to as “Crummey Power” is named after Clifford Crummey who created a trust in order to transfer his assets

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A Win in the Asset Protection Corner for Spendthrift Provision
Written by | January 16, 2014

A significant case rendering a challenge to asset protection against creditors is exemplified in the Richard A. Quaid, Appellant, v. Baybrook Home of

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Florida Will Contest | Impact of Mediation Settlement Agreement
Written by | January 10, 2014

In re Pierce v. Pierce, the First District Court of Appeals (1st DCA) sets the standard for utilizing a mediation settlement agreement in

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US Court of Appeals Ninth Circuit Slapps Back
Written by | January 09, 2014

California provides some of the most interesting and yet complex estate litigation cases with California’s Code of Civil Procedure Section 425.16 against a

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