Taxation & Estate Planning

Probate and Trust Litigation Committee Meeting Reports/White Papers

By Juan C. Antúnez

Click here for a PDF copy of the Agenda and related Reports/White Papers for the upcoming meeting of the Florida Bar's Probate & Trust Litigation Committee.  These materials are an excellent way to keep up on the latest probate-related developments that could affect you, your firm or your clients.  I found the following items to be especially interesting:

New Legislation:

Fiduciary Lawyer-Client Privilege: [ITEM 3]

New F.S. 90.5021 is being proposed to address the attorney-client privilege issues I wrote about here.

Payment of trustee's fees from trust assets: [ITEM 4]

A revision to F.S. 736.0802(10) is being proposed to address the conflict-of-interest issues that come up when a trustee uses trust assets to pay for his legal defense in a breach of trust lawsuit.  I recently wrote about this here.

White Papers:

Collateral Attack on the Validity of A Marriage after Death Based Upon Undue Influence:  [ITEM 6]

No jury trial in breach of trust action: [ITEM 8]

Questions/comments regarding the meeting and the linked-to materials should be directed to the committee chair: William ("Bill") T. Hennessey.

Full post as published by Florida Probate Litigation Blog on January 07, 2008 (boomark / email).