Current Case Law

  • Estate of Martino Filed October 18, 2023, Fourth Districut, Div. One.
    • A stepchild may establish a right to intestate succession where the decedent receives the child into their home and openly holds out the stepchild as their natural child.
  • Tubbs v. Berkowitz Filed April 7, 2020, Fourth District, Div. Three
    • A trustee who is also the donee of a general power of appointment over the trust assets may exercise that power in his own favor without liability because as donee he holds the power in a nonfiduciary capacity.
  • Donkin v. Donkin Filed April 3, 2020, Second District, Div. One.
    • Trustees representing themselves do not engage in the unauthorized practice of law in probate matters not involving third parties.
  • Estate of Ashlock Filed March 3, 2020, Fifth District
    • A person who misappropriates estate property in bad faith must return the property, plus pay twice the property’s value as a separate penalty.