Tl;dr = Upheld but kicked up to the Supremes One of the first things you learn in the basic wills and trusts class in law school is that in order for a will to be valid, it has to adhere to certain formalities. If it doesn’t, then the will is invalid, and the estate passes… Read More
Searle v. Bent: Court can rely on verified statement vs. less restrictive alternative to a guardianship
Incapacity planning can prevent a guardianship. Although I often write about estate planning and taxes, an essential part of our practice also concerns Guardianships. A court will appoint a Guardian of a person if the court determines them to be incapacitated, or “judicially determined to lack the capacity to manage at least some of the… Read More
Fintak v. Fintak: Renunciation of Trust Benefits not Required Before Settlor Can Challenge its Validity.
In the recent case of Fintak v. Fintak, (No 2D12-3407 2nd DCA, August 23, 2013), the Second District Court of Appeals issued a ruling which excited legal nerds (like me) by discussing the Renunciation Rule as applied to self-settled trusts. It’s a technical case with some convoluted facts, but if you bear with me, I think it’s fairly… Read More