Estate and Elder Law

Recent Posts

Treading on Sacred Ground: Denying the Appointment of a Testator's Nominated Personal Representative
Posted on 10 Aug 2011 by LexisNexis Estate and Elder Law Community Staff

Case Comment: Treading on Sacred Ground: Denying the Appointment of a Testator's Nominated Personal Representative - Schleider v. Estate of Schleider, 770 So. 2d 1252 (Fla. 4th DCA 2000) [ Schleider's enhanced version available to lexis.com... Read More

Can Minor Children Pick the Personal Representative of an Estate?
Posted on 25 Aug 2011 by David Goldman

In Florida Florida Statute 733.301(1)(b)(2) defines how a minor child can participate in a probate proceeding. Minor children are not able to participate directly, but can do so through a court appointed guardian over their property. In a recent... Read More

John G. Farinacci: Cross-Discipline Practice in the Post-Schneider World
Posted on 3 Apr 2011 by John G. Farinacci

By John G. Farinacci, Esq. It has long been the rule in New York that the personal representative of an estate could not maintain an action against a decedent's estate planning attorney for legal malpractice because there was no privity between... Read More

How to Name a Personal Representative of a Will – 3 Tips to Unburden the Family
Posted on 25 Jan 2012 by Tim J. McNamara

Recently, a personal representative client of ours reached yet another exasperating obstacle in an already long and drawn out process. To begin with, the estate was comprised of several small life insurance accounts, each of which required a great... Read More

The Role of Limited Letters in Legal Malpractice Actions
Posted on 30 Nov 2010 by Jennifer Hillman

In a significant decision this summer, Schneider v. Finmann , 15 N.Y.3d 306, 907 N.Y.S.2d 119, 933 N.E.2d 718 (2010) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], the New York Court... Read More

Treading on Sacred Ground: Denying the Appointment of a Testator's Nominated Personal Representative
Posted on 10 Aug 2011 by LexisNexis Estate and Elder Law Community Staff

Case Comment: Treading on Sacred Ground: Denying the Appointment of a Testator's Nominated Personal Representative - Schleider v. Estate of Schleider, 770 So. 2d 1252 (Fla. 4th DCA 2000) [ Schleider's enhanced version available to lexis.com subscribers... Read More

Personal Representative Liable for Unpaid Federal Income Taxes
Posted on 4 May 2012 by Marc J. Soss

The recent Pennsylvania District Court case of U.S. v. David A. Tyler and Louis J. Ruch [ enhanced version available to lexis.com subscribers ] is designed reminds estate executors ( Florida Personal Representatives ) that if they fail to do their job... Read More

Refusal to Follow Preference for Appointment of Personal Representative Was an Abuse of Discretion
Posted on 28 Sep 2012 by David Goldman

In the case of Bowdoin v. Rinnier, 81 So. 3d 582 (Fla. 2d DCA 2012) [ enhanced version available to lexis.com subscribers ] the Decedent died intestate, leaving her husband, and a minor child as her sole heirs. Decedent's mother, filed a petition... Read More