Breach Of Fiduciary Duty Archives

Florida’s Presumption of Undue Influence in Will Contests

Written by Thomas Upchurch | November 18, 2019

A Florida will is meant to ensure that the deceased person’s wishes are carried out. But, when the testator is subjected to undue

Breach of Fiduciary Duty and Pilfering of Client’s Estate

Written by Thomas Upchurch | August 04, 2014

A few attorneys and I participated in the topic regarding breach of fiduciary duty and criminal acts by an individual in a fiduciary

Probate Litigation | Mistake or Mismanagement of Assets by Personal Representative

Written by Thomas Upchurch | May 09, 2014

There is more to being a Personal Representative than meets the eye. As I mentioned in my recent blog Personal Representative Liability, there

Probate Litigation | Personal Representative Liability

Written by Thomas Upchurch | May 05, 2014

Being appointed as a Personal Representative of a probate matter has positive and negative aspects. On one hand, a Personal Representative may find

Florida Trust Litigation

Written by Thomas Upchurch | March 12, 2014

Trust litigation is similar to will contest litigation in that trusts provide for distribution of estate assets during life or at death, depending

US Court of Appeals Ninth Circuit Slapps Back

Written by Thomas Upchurch | 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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