Open Access. Powered by Scholars. Published by Universities.®

Estates and Trusts Commons™

Open Access. Powered by Scholars. Published by Universities.®

2025

Discipline
Institution
Keyword
Publication
Publication Type

Articles 91 - 93 of 93

Full-Text Articles in Estates and Trusts

Financial Abuse Of The Elderly In Florida: The Current Landscape And Additional Steps For A State With A Large Elderly Population, Alexander Romanach Jan 2025

Financial Abuse Of The Elderly In Florida: The Current Landscape And Additional Steps For A State With A Large Elderly Population, Alexander Romanach

FIU Law Review

An overview of Florida’s statutory punishments preventing the Financial Abuse of the Elderly.


Fifty Years Of Protecting The Surviving Spouse: The Origin And Evolution Of Florida's Elective Share, Flavia Argamasilla Jan 2025

Fifty Years Of Protecting The Surviving Spouse: The Origin And Evolution Of Florida's Elective Share, Flavia Argamasilla

FIU Law Review

Currently, Florida’s elective share framework calculates the amount a surviving spouse is entitled to based on a decedent’s “elective estate.” Although this “elective estate” represents a significant improvement from previous law, where a decedent was free to completely disinherit a surviving spouse, issues still loom regarding the fairness of the framework. Granting a surviving spouse a fixed share of 30 percent of the decedent’s “elective estate” regardless of the length of the marriage can lead to inequitable outcomes. For instance, a surviving spouse who was married to the decedent for any period of time, one month even, can elect to …


Nevada’S Blockchain Gamble: Can A State Embracing Web3 Technology Lead Probate Courts Into The Digital Age?, Ariel Sweeney Jan 2025

Nevada’S Blockchain Gamble: Can A State Embracing Web3 Technology Lead Probate Courts Into The Digital Age?, Ariel Sweeney

FIU Law Review

Probate stands as a bastion of legal formalism, seemingly resistant to the transformative currents of digital innovation that have swept through other domains of American law. While financial transactions, real property conveyances, and contract execution have increasingly begun exploring the use of Web3 technologies such as blockchain and smart contracts, estate and probate law remain tethered to paper-based procedures and rigid execution requirements. Nevada was the first state to provide legal support for Web3 technology, amending its Uniform Electronic Transactions Act statutes in 2017 to recognize blockchain-based transactions as valid and judicially enforceable. Yet despite this progressive legislative framework, the …