There Is A Difference Between Individual And Representative Capacities

July 11th, 2012

In fiduciary litigation cases, it’s common to encounter courts and practitioners who don’t really appreciate the difference between a litigant’s individual capacity and that litigant’s representative, fiduciary capacity.  In other words, the two capacities tend to get conflated.

In Beekhuis v. Morris, a Florida appellate court reminds us that there really is a difference between someone acting individually and that same person acting in a representative capacity as a fiduciary. (more…)

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Removal Of Personal Representative Requires Notice And Evidentiary Hearing

April 30th, 2012

It happened again in Florida. (more…)

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No Removal Of Personal Representative Without Notice Or Evidentiary Hearing

March 26th, 2012

Let’s start this week with a brief reminder of Florida probate law, courtesy of Florida’s Third District Court of Appeal in Zulon v. Peckins: (more…)

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