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Articles of Interest

Defenses To A Claim For Tortious Interference With An Expectancy In Probate & Trust Proceedings (7/13)

Tortious Interference With An Expectancy In Probate & Trust Proceedings (6/13)

Personal Representative’s Duty Of Impartiality (5/13)

The Erosion Of Revocable Trusts In Florida (4/13)

Temporary Injunctions - Probate & Trusts (3/13)

Exculpating A Trustee From Liability (2/13)

Construction Proceedings: When Is Extrinsic Evidence Admissible? (1/13)

The Rationale In Beal Bank Extends To All Personal Property (12/12)

Ward's Rights (If Any) Under An Emergency Temporary Guardianship (11/12)

Mandatory v. Precatory (9/12)

“Clear And Convincing Evidence” (Bar Bulletin 8/12)

“Death Before Execution” (Bar Bulletin 6/12)

“Compliance With Beal Bank – Just Check The Correct Box!” (Bar Bulletin 5/12)

Don't Delay in Requesting a Family Allowance (Bar Bulletin 4/12)

Co-Agents' Duties And Liabilities Under A Durable Power Of Attorney (Bar Bulletin 3/12)

Homestead Registered Aliens Under A Temporary Visa (Bar Bulletin 2/12)

"Proper Use Of Gifting Powers Under A Durable Power Of Attorney" (Bar Bulletin 1/12)

"Failure To Include A Residuary Clause In Your Client's Will May Result In Partial Intestacy" (Bar Bulletin 12/11)

"Statute Of Limitations On Objection To The Qualifications Of A Personal Representative" (Bar Bulletin 11/11)

"Entitlement To Attorneys Fees For Litigating The Appointment Of A Guardian" (Bar Bulletin 10/11)

"Active Procurement Defined" (Bar Bulletin 9/11)

"Substantial Beneficiary Defined" (Bar Bulletin 7/11)

"Confidential Relationship Defined" (Bar Bulletin 6/11)

"Presumption Of Undue Influence" (Bar Bulletin 5/11)

"Trustee Compensation" (Bulletin 4/11)

"Proper Venue (Jurisdiction) For Proceedings Against A Foreign Trust" (Bar Bulletin 3/11)

"Admissible Testimony In Will Construction Disputes" (Bar Bulletin 2/11)

"May An Attorney-In-Fact Withdraw Money From The Principal's Totten Trust Without Express Authority Under The Power Of Attorney?" (Bar Bulletin 1/11)

"Deposing An Incapacitated Person" (Bar Bulletin 12/10)

"Homestead Statutes (effective October 1, 2010)" (Bar Bulletin 10/10)

"Spendthrift Trusts Are Alive & Well In Palm Beach County" (Bar Bulletin 9/10)

"Constructive Trust; Remedy, Cause Of Action, Or Both?" (Bar Bulletin 7/10)

"Who Is A Qualified Beneficiary Of A Trust?" (Bar Bulletin 6/10)

"The Elusive Definition Of Capacity" (Bar Bulletin 4/10)

"Effective Use Of Appointment To Cure An Otherwise Invalid Testamentary Disposition (The "Jewish Clause")" (Bar Bulletin 3/10)

"The Decanter Side-Step. A Primer On Powers Of Appointment" (Bar Bulletin 2/10)

"Personal Jurisdiction - Service By Formal Notice Or Summons?" (Bar Bulletin 1/10)

"A Trial Court May Award Attorney's Fees And Costs To Be Paid From The Estate Against A Beneficiary's Portion Of The Estate Only For Bad Faith, Wrongdoing, Or Frivolous Litigation" (Bar Bulletin 12/09)

"Desigation Of A Health Care Surrogate For A Minor" (Bar Bulletin '09)

"The Illusory Homestead Exemption: Now You See It, Now You Don't!" (Bar Bulletin '09)

"Personal Service Agreements With Decedent" (Bar Bulletin '09)

"Can A Personal Representative Take Possession Of Protected Homestead Property?" (Bar Bulletin '09)

"Does Florida Rule Of Civil Procedure 1.525 Apply To Probate Proceedings?" (Bar Bulletin '09)

"Rights That Terminate At Death" (Bar Bulletin 5/09)

"Statutory Exceptions To The Attorney-Client Privilege" (Bar Bulletin 4/09)

"PR's Duty To Recover Pre-Death Transfers From Joint Accounts" (Bar Bulletin 3/09)

"When Can Trust Assets Be Used To Pay Estate Expenses And Obligations" (Bar Bulletin 2/09)

"Attorney's Fees For Rendering Services To An Estate" (Bar Bulletin 1/09)

"Rebutting The Presumption Of Intentional Revocation Of A Lost Will" (Bar Bulletin 12/08)

"Do I Have To File A Claim?" (Bar Bulletin 9/08)

"Non-Statutory Grounds For Objecting To The Appointment Of A Personal Representative" (Bar Bulletin 7/08)

"Who Is An Interested Person In Probate" (PBCBA Bar Bulletin 6/08)

"But I'm Not Qualified To Perform Brain Surgery!" (ActionLine, summer of 2006)

"When the Fiduciary's Agent Errs: Who Pays?"

"Client Under a Disability: An Ethical Dilemma"

"So You Want to Contest A Will? A Simple Roadmap Through the Litigation Maze"

"Confidentiality of Attorney-Client Communications (From The Probate Lawyer's Perspective)"

Contact

Law Office of David M. Garten, Esq.
400 Columbia Drive, Suite 100
West Palm Beach, FL 33409
Phone: 561-689-0054
Fax: 561-687-8103
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