Declaratory judgment actions can be uniquely useful tools for probate practitioners;
Continue Reading What’s it mean to challenge the “validity” of a will and why does it matter?Will Construction Litigation
California court invalidates power of appointment; disinherited heir gets 1/3 of $55M trust
By Juan C. Antúnez on
Assume you have a case involving a $55 million trust created under…
Continue Reading California court invalidates power of appointment; disinherited heir gets 1/3 of $55M trustIs Florida’s trust-reformation statute limited to only fixing “simple scrivener’s errors”?
By Juan C. Antúnez on
When it comes to wills and trusts, drafting mistakes come in all…
Continue Reading Is Florida’s trust-reformation statute limited to only fixing “simple scrivener’s errors”?
Can “trust protectors” be used to privatize Florida trust-construction disputes?
By Juan C. Antúnez on
In what could be a ground breaking decision, for the very first…
Continue Reading Can “trust protectors” be used to privatize Florida trust-construction disputes?Does an adjudication of paternity = “adoption” for purposes of Florida’s pretermitted child statute?
By Juan C. Antúnez on
In 2004 James Maher’s small twin-engine plane went missing somewhere over the…
Continue Reading Does an adjudication of paternity = “adoption” for purposes of Florida’s pretermitted child statute?If my will gives everything to one of my three sons to divide among my heirs as he sees fit, can he keep it all for himself?
By Juan C. Antúnez on
Can the “equitable exception” doctrine salvage a will’s non-existent exercise of a power of appointment?
By Juan C. Antúnez on
If a Colorado court accepts a Colorado man’s un-witnessed handwritten will as valid, is the will valid in Florida?
By Juan C. Antúnez on
Under F.S. 732.502(2), oral (nuncupative) wills and un-witnessed…
Continue Reading If a Colorado court accepts a Colorado man’s un-witnessed handwritten will as valid, is the will valid in Florida?4th DCA: Miami Care Foundation vs. Miami Children’s Hospital Foundation: drafting error or ambiguity?
By Juan C. Antúnez on
Can a valid written Will morph into an invalid “oral” Will?
By Juan C. Antúnez on
In Florida, Wills have to be in writing; you can’t simply tell…
Continue Reading Can a valid written Will morph into an invalid “oral” Will?