Estate Litigation Archives

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

Probate Litigation: Impose Constructive Trust Over Proceeds of Sale of Real Estate in a Will Contest

Written by Thomas Upchurch | November 07, 2015

In a 2015 Nebraska case, an attorney-in-fact sold real estate prior to the decedent’s death in order to obtain a one-third share of

Probate Litigation: Are Damages Under Chapter 400 Action Limited to Those Under the Wrongful Death Act?

Written by Thomas Upchurch | November 02, 2015

"In matters of truth and justice, there is no difference between large and small problems, for issues concerning the treatment of people are

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