By Scott E. Rahn and Meagan A. Paisley In 2006, Taylor Swift burst onto the music scene with her breakout country single, Tim McGraw. Nearly 20 years, 10 albums, and 51 million record sales later[1], she has become a household name. Taylor Swift is also no stranger to the legal field. From her sexual assault …
By David Greco Litigants are still finding new applications for California’s powerful (and sometimes infamous) anti-SLAPP statute in civil matters, and as evidenced by the recently resolved Starr v. Ashbrook, probate courts are no exception. The case revolved around a contentious estate battle between the children of a 90-year-old Laguna Beach man and his girlfriend …
The Abuse of Anti-SLAPP Motions in Probate and Civil Matters Read More »
Premarital agreements increasingly have become commonplace in modern marriages. A 2022 poll by Harris Insights & Analytics found that 15 percent of married respondents reported having a premarital agreement, up from 3 percent in 2010.
It is possible to inherit a family business. In fact, family businesses are often passed down from generation to generation through a will, a business succession plan, or other estate planning mechanisms. However, the specific process and requirements for inheriting a family business can vary depending on the laws of the jurisdiction in which the …
Inheriting property can be a complex process, with numerous factors to consider. Before you decide whether to keep, donate, or sell your inherited property, it’s important to understand the fair market value of the asset, which is its estimated worth on the open market. Is Fair Market Value Calculated at the Time of Death? Yes, …
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Whether you can sell stocks in a trust after death generally depends on the specific terms and conditions of the trust and the laws of the jurisdiction in which the trust was established. If the trust agreement allows for the sale of stocks, the trustee can sell the stocks as directed by the trust agreement. …
If your loved one dies and leaves behind a significant portfolio of stocks, navigating the legal process to liquidate those assets can be complicated and often stressful. And if you are the executor or the trustee in charge of handling the estate’s property, the complexities are even more significant. For this reason, it’s advisable to …
When a person dies, their estate often must go through probate, which is the legal process of distributing their assets. Multiple parties are typically involved in these proceedings, including: Each party has different rights and responsibilities in an estate, and it is important to understand these roles before moving forward with any legal action. Who …
If your spouse has recently passed away, you may be wondering if you need to go through probate in order to inherit your deceased spouse’s property. The answer to this question depends on how your spouse’s property was titled and the value of your spouse’s solely-owned assets. The first question is whether your spouse’s assets …
In Florida, most estates will go through some sort of probate process. However, not every estate will need to go through probate. For instance, if a person passes away without a will and all of their assets have beneficiaries or joint owners with rights of survivorship, probate is likely not required. But since most people …
Do All Estates Have To Go Through Probate in Florida? Read More »
A breach of fiduciary duty occurs when a “fiduciary,” such as the personal representative of an estate, a trustee, or a guardian, fails to comply with the duties created by the nature of their relationship with another person. A fiduciary relationship exists whenever one person places confidence and trust in and is at some level …
Florida Probate Code Section 733.814 allows the personal representative or a beneficiary of an estate to initiate a “partition action” to split property between beneficiaries. It reads as follows: “When two or more beneficiaries are entitled to distribution of undivided interests in any property, the personal representative or any beneficiary may petition the court before …