Probate and Trust Litigation Committee White Papers

Below is a copy of the email announcing the last Probate and Trust Litigation Committee meeting.  I apologize for not posting this sooner, but a very hectic trial schedule kept me away from the blog last week.  Regardless, my principal reason for posting these announcements is to disseminate the attached reports/White Papers.

The committee meeting Agenda and Minutes contain the following reports/White Papers:

  • Fiduciary Lawyer-Client Privilege: Approved by EC [ITEM 3]
  • Arbitration clause in a will or trust is enforceable. Passed in Legislature 2007-HB 311 [ITEM 3]
  • Exculpatory clause in a will: Passed in Legislature 2007 –HB 311[ITEM 3]
  • Payment of trustee’s fees from trust assets: Pending approval of EC [ITEM 4]
  • Crafting an appellate rule on which Orders are Appealable in a Probate Proceeding? Sean Kelley, Tom Karr, Peter Sachs [ITEM 5] (Appellate Rule Project - White Paper.pdf)
  • Collateral Attack on the Validity of A Marriage after Death Based Upon Undue Influence Bill Hennessey, Laura Sundberg, Russ Snyder [ITEM 6]
  • Revisions to Rule 1.525 concerning 30 day time limit for filing a motion for attorneys’ fees [ITEM 7] Angela Adams, Eric Virgil, Laura Sundberg (R. 1.525 - Taxation of fees.pdfFamily Law 12.525.pdf)
  • ACTEC Model Arbitration Legislation. [ITEM 8] Bob Goldman

Questions/comments regarding the meeting should be directed to the committee chair: Jack A. Falk


From: Falk, Jack A. [mailto:jfalk@dwl-law.com]
Sent: Monday, May 21, 2007 7:10 PM
To: Falk, Jack A.
Subject: Probate and Trust Litigation Committee meeting on Thursday, May 24, 2007 at 4:00 p.m. in Hollywood, Florida


Dear Committee Members,

The Probate and Trust Litigation Committee will be meeting from 4:00 to 6:00 p.m. on Thursday, May 24, 2007 at the Westin/Diplomat in Hollywood, Florida, in conjunction with the Real Property, Probate and Trust Law Section's Executive Council meeting. Attached please find the Agenda and Minutes with pdf attachments that are part of the Agenda materials for the meeting.

I look forward to seeing you at the meeting! Jack

<<Appellate Rule Project - White Paper.pdf>> <<R. 1.525 - Taxation of fees.pdf>> <<Family Law 12.525.pdf>> <<Agenda and minutes May 2007.pdf>>

Probate and Trust Litigation Committee meeting on Friday, February 23 at Noon at the Marriot on Hutchison Island

I'm rarely able to physically go to these meetings, but I always find time to read the excellent materials circulated to members prior to each meeting.  I also find these materials to be the best way to keep track of new legislation affecting the trusts and estates practice area.  If you read Jack Falk's e-mail and the attached Agenda and Minutes for this meeting you'll find discussions related to the following topics, all of which should be of interest to any Florida trusts and estates litigator:

  • Fiduciary Lawyer-Client Privilege: Approved by EC [ITEM 3]
  • Arbitration clause in a will or trust is enforceable: Approved by EC [ITEM 3]
  • Exculpatory clause in a will: Approved by EC [ITEM 3]
  • Payment of trustee’s fees from trust assets: Pending approval of EC [ITEM 4]
  • Which Orders Can Be Appealed in a Probate Proceeding? [ITEM 5] (see White Paper)
  • Revisions to Rule 1.525 concerning 30 day time limit for filing a motion for attorneys’ fees [ITEM 6]
  • ACTEC Model Arbitration Legislation. [ITEM 7]

Proposed New Legislation: Florida Bar Probate and Trust Litigation Committee Meeting

If your practice involves contested probate or trust matters, you would do well to keep abreast of the legislative proposals being considered by the Probate and Trust Litigation Committee.  For example, key legislative items currently under consideration are the following:

The meeting agenda contains several white papers and proposed statutes being considered by the Committee.  The following is the Committee chair's email circulating the linked-to agenda document.  All inquiries should be directed to Jack Falk at the email address provided below.

 >>> "Falk, Jack A." <jfalk@dwl-law.com> 09/26/06 09:24AM >>>
Dear Committee Members,

The Probate and Trust Litigation Committee will be meeting from 10:00 a.m. to Noon on Friday, September 29, 2006, at Gaylord Palms hotel in Kissimmee, Florida, in conjunction with the Real Property, Probate and Trust Law Section's Executive Council meeting. Attached please find
the Agenda and Minutes for the meeting.

I anticipate that we will spend a substantial part of the meeting working through the proposed legislation on payment of attorneys' fees from trust assets by a trustee accused of breach of
trust.

Attached is the Agenda for the meeting.

I look forward to seeing you in Kissimmee! Jack

Probate and Trust Litigation Committee Meeting

The Probate and Trust Litigation Committee will be meeting from 10:30 a.m. to 12:15 p.m. on Thursday, August 10, 2006, at The Breakers on Palm Beach, Florida, in conjunction with the Real Property, Probate and Trust Law Section's Executive Council meeting.  Committee Chair Jack Falk circulated two emails, which contain detailed memoranda addressing several legislative items that should be especially interesting to probate litigators.  Even if you have no intention of attending, the committee materials alone are worthwhile reading.

The following materials have been circulated for the meeting:

To read Jack's emails simply click the "Continue Reading" button below.

Continue Reading...

Florida Bar Probate & Trust Litigation Committee Meeting

Miami Attorney Jack A. Falk, Jr., Chair of the Probate and Trust Litigation Committee of the Florida Bar, distributed this agenda as well as this memorandum in connection with the following pending and proposed legislative initiatives discussed at the August 18, 2005 litigation committee meeting:

  • Repeal of the Deadperson's Statute.
  • Contestability of Revocable Trusts. Status of proposed amendments to sections 737.2065, 744.331 and 744.441, Florida Statutes.
  • Fiduciary Lawyer-Client Privilege.
  • Enforcing arbitration clauses in wills and trusts.
  • Use of trust assets to pay attorneys' fees of the trustee in litigation against a beneficiary and proposed amendments to section 737.403, Florida Statutes.