ESTATE LAW: WILLS AND TRUSTS: TESTAMENTARY CAPACITY, UNDUE INFLUENCE, INSANE DELUSION; CIVIL PROCEDURE: CONTINUANCE: EVIDENCE: EXPERT TESTIMONY: LEGAL REQUIREMENTS INVOLVED IN EXECUTING A WILL

Levin v. Levin, ___ So. 3d ___, 36 Fla. L. Weekly D997 (Fla. 4th DCA 5/11/11)

The daughter contested the validity of her mother’s will and trust, which favored the son (the contestant’s brother). Ten days before trial, the daughter moved for a continuance because she was scheduled for surgery in three days and because she did not receive, … Click To Read Full Case Law Review...

Totten Trust: Durable Power of Attorney

Beane v. Suntrust Banks, Inc., ___ So. 3d ___, 35 Fla. L. Weekly D2490 (Fla. 4th DCA 11/10/10)

The attorney in fact under a durable power of attorney was authorized to withdraw funds from a Totten trust during the owner’s lifetime.  “[T]he durable power of attorney authorized [the attorney in fact] to act for the decedent ‘in my name, … Click To Read Full Case Law Review...