Estate Litigation Archives

Probate Litigation | Personal Representative Liability

Written by Thomas Upchurch | August 19, 2020

Serving as personal representative for a Florida estate is a big responsibility. Those who have been appointed personal representative are often concerned about

Florida Long-Arm Statute: Multi-State and International Trust Cases

Written by Thomas Upchurch | July 27, 2020

Wintering in Florida is a popular practice for those residing part of the year in a cold-weather state, and even for many outside

How Can a Trustee Be Removed in Florida?

Written by Thomas Upchurch | July 31, 2018

The grantor of a trust typically chooses the trustee very carefully: This person or entity will be charged with maintaining assets for the

The 5 Most Common Reasons for Florida Estate Litigation

Written by Thomas Upchurch | July 26, 2017

When you’ve lost a loved one, conflict with family members or the personal representative of the estate is the last thing you need.

Conflict of Interest of a Trustee Who is Also a Trust Beneficiary

Written by Thomas Upchurch | November 10, 2016

Can a Trustee Also Be a Beneficiary in Florida? The short, technical answer is “yes.” Nothing in Florida law prohibits a beneficiary of

What Does a Personal Representative Do If There Aren’t Enough Funds to Pay Class 8 Creditors?

Written by Thomas Upchurch | January 08, 2016

First, the Personal Representative Attorney would determine which assets are probatable. For instance, if there was a homestead that the decedent still claimed

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