Estate Planning, Guardianship and Probate

Hampton v. Estate of Clifford L. Allen

Trial court erred by denying specific devisee’s claim against the estate seeking reimbursement for attorney’s fees in successfully defending a claim against the estate for specific performance.  Hampton v. Estate of Clifford L. Allen, 41 Fla. L. Weekly D1816 (Fla. 5th DCA Aug. 5, 2016).

MonarchCare, Inc. v. Guardianship of Sanford H. Block

Trial court did not abuse her discretion in finding a valid justification for finding a lower hourly rate should be given for a professional guardian because of the nature of some of the services could have been performed by non-professionals, but erred by reducing the rate to $45 without any evidence in the record to support this amount.  MonarchCare, Inc. v. Guardianship of Sanford H. Block, 41 Fla. L. Weekly D1803 (Fla. 4th DCA Aug. 3, 2016).

United Bank v. Estate of Edward G. Frazee

Probate court did not abuse its discretion by entering an order finding a creditor’s claims was not timely filed by efiling even though creditor had timely delivered hard copies.  United Bank v. Estate of Edward G. Frazee, 197 So.3d 1190 (Fla. 4th DCA July 13, 2016).

Bernal v. Martin

Trial court erred in granting summary judgment concluding later-executed will did not validly revoke earlier trust because section 736.0602(3), Florida Statutes, specifically provides a later will revokes a revocable trust if the terms of the trust do not provide a method for revocation.  Bernal v. Marin, 41 Fla. L. Weekly D1429 (Fla. 3d DCA June 15, 2016).

Richard v. Richard

Trial court erred by declaring a notice of creditors a nullity on basis it was published one day prior to the rendition of an order appointing personal representatives because “the relation back doctrine, codified in section 733.601, applies to the personal representative’s act of publishing the notice to creditor,” thus validating “the pre-appointment act of publication of the notice to creditors.”  Richard v. Richard, 193 So.3d 964 (Fla. 3d DCA May 4, 2016).

Giller v. Giller

Trial court erred by dismissing a personal representative’s complaint seeking determination of ownership of parcels of property titled in an individual’s name “as trustee” because a personal representative does have standing to “seek a determination regarding ownership under section 689.07(1),” Florida Statutes.  Giller v. Giller, 190 So.3d 666 (Fla. 3d DCA April 27, 2016).