How Does a Non Party Object to a Subpoena Duces Tecum in Florida on Grounds of Privilege?
Probate Stars
by Jeffrey Skatoff
1w ago
Parties in a case can send each other document production requests, under the Florida Rules of Civil Procedure, Rule 1.350.  Objections can be made, and the Court can rule on them.  If an objection is lodged because an items is protected under a privilege, such as attorney-client privilege, if the Court overrules the non-privilege objections, the objecting party can be required to produce a privilege log to aid the litigants in adjudicating the privilege. Rule 1.280 – GENERAL PROVISIONS GOVERNING DISCOVERY (b)(6)Claims of Privilege or Protection of Trial Preparation Materials. When a ..read more
Visit website
Does it Matter if a Florida Probate Proceeding is Adversarial?
Probate Stars
by Jeffrey Skatoff
2w ago
Yes, a seemingly obscure probate rule about whether a dispute is adversarial or not can have a large consequence, as made clear in the case of Dora v. Morrison, 5D22-1369 (5th DCA 2024). What Does it Mean in Florida Probate Proceedings for a Dispute to be Adversarial? Some probate proceedings can become contested  – think of a few obvious proceedings such as a will contest or an attempt to remove a personal representative for breach of duty.  If a probate proceeding becomes contested, the rules of civil procedure should apply, and they do.  If a probate proceeding is not adversa ..read more
Visit website
Musk Sues Open AI
Probate Stars
by Jeffrey Skatoff
2w ago
Elon Musk has brought suit against ChatGPT-maker OpenAI and its CEO, Sam Altman, saying they abandoned the startup’s original mission to develop artificial intelligence for the benefit of humanity and not for profit.   Musk’s lawsuit alleges a breach of contract, saying Altman and co-founder Greg Brockman originally approached him to make an open source, non-profit company, but the startup established in 2015 is now focused on making money. Musk said OpenAI’s founders originally agreed to work on artificial general intelligence, a concept that machines could handle tasks like a human ..read more
Visit website
Can the Settlor Amend an Irrevocable Trust 25 Years Later?
Probate Stars
by Jeffrey Skatoff
2w ago
Yes, pursuant to the Uniform Trust Code and Mississippi law, an irrevocable trust can be amended 25 years after its creation by the settlor, to correct a scrivener’s error.  The Mississippi Supreme Court, in In the Matter of the Elton G. Beebe Sr. Irrevocable Family Mortgage Trust, held that the settlor, by clear and convincing evidence, met the standard for correcting a mistake in an irrevocable trust. The $80 million Trust named sixteen lifetime beneficiaries.  The distribution plan of the Trust was simple: The Trust provides that it is a discretionary trust and that the trustees ..read more
Visit website
Can a Guardian of Property Replace a Trustee of a Revocable Trust?
Probate Stars
by Jeffrey Skatoff
2w ago
Revocable trusts are used for two primary purposes – to avoid probate, and to keep assets out of a guardianship.  At least that is what estate planning clients are led to believe.  But can a guardian of property replace the trustee of the ward’s revocable trust?  Yes.  The Florida Guardianship Code gives tremendous power to guardians, including the amendment of revocable trusts and the replacement of trustees.   Florida Guardianship Code Section 744.441(19) gives the authority to amend a revocable trust, with court approval: (19) Create or amend revocable trusts o ..read more
Visit website
Is a Conveyance of a Beneficial Interest of a Trust With a Spendthrift Clause Void or Voidable?
Probate Stars
by Jeffrey Skatoff
3w ago
A standard revocable trust is a trust that is fully revocable and changeable during the lifetime of the settlor. A typical revocable trust has provision for the death of the settlor.  If the trust is going to continue on for the benefit of beneficiaries, the trust will typically contain language prohibiting a beneficiary for assigning, transferring, selling or pledging such interest to a third party.  There might also be language clarifying that such interest should not be subject to the creditors of the beneficiary.  This protective language is commonly referred to as a “spendt ..read more
Visit website
Vermont Supreme Court Invalidates Will for Undue Influence
Probate Stars
by Jeffrey Skatoff
3w ago
The Vermont Supreme Court, in In re Estate of Crofut, 2024 VT 8, 23-AP-011 (Vt. Feb 23, 2024), gave a comprehensive primer on how to invalidate a will for undue influence under Vermont law. Can an Option to Acquire Property in a Will for Below Market Value Constitute Undue Influence? Yes, an option given to a person in a will to acquire the testator’s property below market value can be stricken for undue influence.  In the case, the alleged undue influencer caused a provision to allow him to buy the deceased’s house for far below market value was invalidated. The court determined that, ha ..read more
Visit website
Government Cannot Prosecute Far Right Protesters Unless also Prosecutes Antifa Protesters at Same Rally
Probate Stars
by Jeffrey Skatoff
1M ago
Selective prosecution is an almost impossible defense to prove as a defense to a crime.  There are a myriad of reasons why one person might be prosecuted for a crime, while another person, who appears to have committed the same crime, is not prosecuted.  Were selective prosecution anything but the most extraordinary defense, every single defendant charged with every single crime would raise it as a defense. Anyone aware of violent protests that take place in the United States has a general understanding that some groups associate under various “right wing” causes and banners, while c ..read more
Visit website
Modifying a Revocable Trust in California: What does “Provides Otherwise” Really Mean?
Probate Stars
by Jeffrey Skatoff
1M ago
On February 8, 2024, the California Supreme Court released its decision in Haggerty v. Thornton (CA  2024) S271483, addressing the methods for modifying a revocable trust. General Rule: a California trust can be modified the same way it can be revoked. Section 15402 of the California Probate Code states that “[u]nless the trust instrument provides otherwise, if a trust is revocable by the settlor, the settlor may modify the trust by the procedure for revocation.” (Prob. Code, § 15402) Section 15401 sets out the procedures for revocation: Trusts may be revoked by complying with any method ..read more
Visit website
Alabama Classifies Embryos as Children for Wrongful Death Act Purposes
Probate Stars
by Jeffrey Skatoff
1M ago
Alabama, like many states, has a statute providing for civil recovery for the death of a minor.  In Alabama, that statute is the Alabama Wrongful Death of a Minor Act, located at Section 6-5-391 of the Alabama Code.  In LePage v. the Ctr. for Reprod. Med., SC-2022-0515 (Ala. 2024), the Alabama Supreme Court held that embryos sitting in an IVF lab were children under the Alabama Wrongful Death Act. A trespasser entered an IVF clinic through an unsecured doorway, opened an IVF freezer, freeze-burned his hand, and dropped the embryos, “killing them.”  Plaintiffs sued under the Alab ..read more
Visit website

Follow Probate Stars on FeedSpot

Continue with Google
Continue with Apple
OR