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Dear RPPTL Members,
Welcome to the third edition of the Dirt and Death Digest. We hope you’re enjoying it. We are committed to keeping you well informed through a variety of channels, including this monthly newsletter, the Section’s quarterly magazine, ActionLine, and our website, which will soon be getting a fresh new look. We’re also excited to expand our presence on social media, so stay tuned for more on that!
We also offer many CLEs throughout the year and provide a discount to members on any CLE seminars sponsored by the Section. We thank those that come to us to help them satisfy their CLE requirements. Be sure to share any suggestions you have for possible future programs.
My continuing thanks to those who volunteer their time to make our Section what it is today, including all of those who participate in our CLE programming.
Our next Executive Council meeting is next month on Marco Island, Florida. Committee meetings are open to anyone, so feel free to drop in on the ones that interest you. Many are also available by Zoom.
Thank you for being a member of the Section and let us know how we can help you.
Jon Scuderi
Chair
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Looking for information about upcoming Section meetings, CLE programs, or other Section activities? Our Section Administrator, Hilary Stephens, keeps our FAQs updated on the website in real time with the latest information. Please check here first—you may find just what you need without having to call or email. | |
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Executive Council Meeting
November 11, 2026 – November 14, 2026
Executive Council Meeting
JW Marriott Marco Island
Marco Island, Florida
Executive Council Meeting
February 3 - 6, 2027
Ritz-Carlton Amelia Island
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Kunke v. Kunke, 2026 WL 2651592 (Fla. 2d DCA 2026) – The probate court does not have discretional authority to deviate from § 733.707’s order of payment on creditor claims. The 2d DCA reversed the trial court’s direction to pay a creditor claim within thirty days where it was determined that it was not a class 1 claim and payment would supersede the statute’s prioritization. A claim of a lower class should not be paid until all other claims with higher priority have been paid.
“Grant's claim is not a class 1 claim seeking costs or expenses of administration, personal representative fees, or allowable attorney's fees. Under section 733.707, Grant should not be paid until all the other claimants with higher priority claims have been paid.”
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Holdings JJJ, LLC v. Rand, Rand, James & James, Case No. 2D2025-0529 (Fla. 2d DCA 2026).
Claims challenging a corrective deed and alleging fraudulent concealment of a drain field’s location which arise out of a real-estate sale contract are arbitrable under the contract’s arbitration clause covering any dispute arising out of the transaction, sale, contract, or closing.
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ActionLine Highlights
A New Powerful Tool For Trustee Is Here With The New Statutory Discharge Statute, But Some Tweaks Are Needed
By Jennifer Robinson, Esq., The Northern Trust Company, Fort Lauderdale, Florida,and Alexander S. Douglas, II, Esq., Shuffield Lowman, Orlando, Florida
Read more
A Q&A On The History Of Florida’s Construction Lien Law
By Larry R. Leiby (Retired), Plantation, Florida, Fred R. Dudley, Esq., Dudley, Healy & Heath, PLLC, Tallahassee, Florida, Samantha R. Encalada, Esq., Davies Duke, PLLC, Bonita Springs, Florida, and Richard M. Harrylal, Esq., Hill, Ward & Henderson, P.A., Tampa, Florida.
Read more
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Legislation of Interest
Political Overview
2026 Election
Three proposed amendments to Florida’s Constitution will appear on the November 3rd General Election Ballot. Today we focus on Amendment 1: Budget Stabilization
Fund. Each amendment requires greater than 60% voter approval.
Amendment 1: Budget Stabilization Fund
If approved, the amendment increases the amount that may be retained in the State’s Budget Stabilization Fund, which is one component of total state revenue reserves. Currently, the Budget Stabilization Fund must be at least 5% of the previously completed fiscal year’s net revenue collections, but the Fund cannot exceed 10% of those same collections. If approved, the amendment would increase the maximum percentage from 10 percent to 25 percent, without changing the 5% requirement. Currently, 10% of the state’s last completed fiscal year’s net revenue collections for the General Revenue Fund is $4.9 billion and 25% would be $12.2 billion. Current total state reserves are projected at $16.2 billion ($4.9 billion in the Budget Stabilization Fund, $11 billion in unallocated General Revenue, and $163.1M in the Emergency Preparedness & Response Fund).
Additionally, the joint resolution requires the Legislature to make an annual transfer of the lesser of $750 million or the amount necessary to reach the 25% threshold in each fiscal year unless there is revenue shortfall. The amendment would also authorize the Legislature to withdraw funds periodically for critical state needs.
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Historian's Corner
Last issue, we challenged your knowledge of our past section chairs and their accomplishments. We provided bits of tid about ten of our leaders and asked you to supply the name of the chair to which each statement applied. You probably got them all right, but just in case you did not, all is revealed below:
Name the Section Chair Who
1. Was known as “The Ayatollah”.
John Arthur Jones
2. Has hunted pythons in the Everglades.
Bob Goldman
3. Was the first president of Florida Legal Education Association.
Bill Sherman
4. Was the first woman Chair of the Section.
Joan Bradbury Kayser
5. Served two terms as Section Chair.
Paul Game
6. Was a U.S. Army captain.
Chip Waller
7. Was a member of the FSU Flying High Circus.
John Grimsley
8. Conducted an out-of-state Section meeting in Ireland.
Melissa Murphy
9. Was a U.S. Navy aviator.
Bill Turnbull
10. Has a “thing” for crispy bacon.
Deb Boje
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| Continuing Legal Education | |
Welcome to the ALL NEW innovative CLE seminar series focused on the Fundamentals of Estate Planning, Trust and Guardianship Practice. The series will consist of six sessions, varying in length from half-day to full-day. Practitioners may purchase individual sessions (at a price of $300 each) or obtain the full series at a discounted rate of $1,200.00. NOTE: The "RPPTL Presents: Fundamentals of..." seminars are pre-recorded and then made available . Not all parts of the series will have been recorded at the time of purchase. If you purchase a topic that hasn't been recorded yet, you will be notified as soon as the recording is available. Your 90 day access period will not start until the recording has been made available to you.
Just released! Episode 3, Fundamentals of Trust Law
On-Demand Bundle | Audio Download Bundle
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Advising Clients on Smart Giving: Maximizing QCD's for Tax Savings And Other IRA Charitable Giving Issues
October 21, 2026
A qualified charitable distribution (QCD) allows IRA owners aged 70½ or older to transfer IRA funds directly to a charity tax-free. This webinar will provide you the rules, tax benefits, and reporting requirements to advise clients on QCDs and other charitable giving strategies.
Register here
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Real Property Case Law Update 2026
Enjoy this Case Law Update segment from our recent 46th Annual Legislative and Case Law Update Seminar with Michael Gelfand speaking on "Strict Construction” - Drafters and Litigators Whipped into Compliance: Substantive, Procedural and Ethical Ramifications of Selected Recent Florida Appellate Court Decisions Impacting the Real Estate Practitioner
CLE: 1.0
Ethics: 1.0
Construction Law: 1.0
Real Estate Certification: 1.0
Order here
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Probate and Trust Law Case Law Update 2026
Enjoy these Case Law Update segments from our recent 44th Annual Attorney / Trust Officer Liaison Conference and 46th Annual Legislative and Case Law Update Seminar.
Probate, Trust and Guardianship Case Law Update: Lessons from the Latest Decisions Under the Florida Sun presented by John Moran
Case Law Update presented by James R. George.
CLE: 2.0
Wills, Trusts & Estates: 2.0
Order here
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MRTA Bundle, Buy 2, get 1 Free
This 3 part series includes 3 seminars:
- MRTA and Restrictive Covenants: To Preserve or Not to Preserve, That is the Question
- MRTA: Mechanics and Myth Busting - Online Seminar
- Minerals - Treasure or Trouble, and How Can MRTA Help?
Order here
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Member Resources
There are over 11,000 RPPTL members. The Section has two divisions: Real Property (“Dirt”) and Probate and Trust (“Death”). Its Committees cover nearly all aspects of the practices and the Section is intimately involved in the oversight and drafting of legislation to improve the statutory framework of the practice. In addition, the Section has a very active amicus curiae Committee that files briefs in appellate cases to give guidance to the court on issues affecting the practice.
Are you a new member? Check out these New Member Resources.
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