Florida Probate & Trust Litigation Blog

Florida Probate & Trust Litigation Blog

By Juan C. Antúnez of Stokes McMillan Antúnez P.A.

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Category Archives: White Papers – RPPTL Comm

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An Economic Theory of Fiduciary Law

Posted in Trust and Estates Litigation In the News, White Papers - RPPTL Comm
Professor Robert H. Sitkoff of Harvard Law School published an article that should warm the heart of your favorite law-and-economics geek who also happens to make his or her living as a trusts and estates lawyer. The article’s entitled An Economic Theory of Fiduciary Law, and below are a few excerpts I found especially interesting … Continue Reading

Why Fiduciary Law Is Equitable

Posted in White Papers - RPPTL Comm, Will and Trust Contests
Fiduciary relationships and the duties and liabilities that spring from those relationships arise in all sorts of contexts. The classic examples are “status” based, such as court-appointed personal representatives (PR’s) and trustees appointed to serve as such under written trust agreements. But limiting your perspective to only self-labled fiduciaries isn’t very useful in inheritance disputes involving … Continue Reading

May 31, 2012 Probate and Trust Litigation Committee Subcommittee Reports

Posted in White Papers - RPPTL Comm
I’m rarely able to physically attend these meetings, but always find time to read the excellent materials circulated to committee members. These materials are the best way to keep track of possible new legislation affecting the trusts and estates practice area. If you read this meeting’s Agenda you’ll find the following reports, all of which should be of interest to any Florida trusts … Continue Reading

Everything you ever wanted to know about drafting opinion letters involving Florida trusts (+ great forms!). What else could you ask for?

Posted in White Papers - RPPTL Comm
If you’re like most trusts-and-estates lawyers, you don’t work at a big firm. Which means you can’t walk down the hallway and ask one of your partners for a good set of forms when someone wants to hire you to provide a legal opinion on some trust-related issue (as opposed to a tax opinion). Don’t underestimate the … Continue Reading

Betting on the U.S.

Posted in White Papers - RPPTL Comm
This is a bit off topic, but I recently came across a Goldman Sachs research report entitled Take Stock of America that deserves wider attention than your standard market analysis piece. The report is all about why the smart money’s riding on the U.S. Over the next 20 years China will (hopefully) continue to grow … Continue Reading

Florida Bar Real Property Probate and Trust Law Section is now accepting applications for the 2010 Fellowship class

Posted in White Papers - RPPTL Comm
The Florida Bar Real Property Probate and Trust Law Section is now accepting applications for the 2010 Fellowship class. The RPPTL Section Fellowship program, created in 2007, awards up to 4 fellowships to exceptional Florida attorneys interested in our practice areas. The Fellowship program allows these individuals to be substantially involved in the Section work, receive leadership … Continue Reading

Tax Issues in Trust and Probate Litigation

Posted in White Papers - RPPTL Comm
Tax issues loom large in trusts & estates litigation, especially when the estate tax is in play. So on Monday, September 14, 2009, I’m teaching a 90-Minute National Teleconference entitled Tax Issues in Trust and Probate Litigation [click here for seminar materials]. In this seminar we’ll examine how an awareness of the tax issues lurking in the background of almost every contested proceeding … Continue Reading

Florida Bankers Association proposes new legislation: risk management for insurance-trust trustees

Posted in White Papers - RPPTL Comm
The Florida Bankers Association prepared this white paper proposing new legislation to be titled “Prudent Investor Rule Not to Apply,” aimed at relieving trustees of Irrevocable Life Insurance Trusts (ILITs) from a duty to determine whether decisions made by settlors in the selection of life insurance companies, particular types of life insurance policies, and the continuing payment of policy premiums … Continue Reading

Congressional white papers examining the U.S. Federal estate and gift tax system

Posted in White Papers - RPPTL Comm
I don’t know of a better way to quickly get your arms around the hot-button issues driving today’s estate-tax planning world [and current reform proposals, click here] than the three white papers listed below, all of which were prepared and published by the Joint Committee on Taxation, a nonpartisan committee of the United States Congress. … Continue Reading

Trust Law Committee Meeting Reports/White Papers

Posted in Trust Law Committee
Click here for a PDF copy of the Agenda and related Reports/White Papers for the upcoming meeting of the Florida Bar’s Trust Law Committee at the Ritz-Carlton in Key Biscayne this coming Friday, September 19th, at 2 p.m.  These materials are an excellent way to keep up on the latest developments involving Florida’s Trust Code that could affect you, … Continue Reading

Florida Bar Real Property Probate and Trust Law Section Fellowship Applications

Posted in White Papers - RPPTL Comm
The Florida Bar Real Property Probate and Trust Law Section has developed a new Fellowship program aimed at encouraging junior attorneys (i.e., under age 36) and newly-minted attorneys (i.e., admitted to the bar for fewer than 10 years) to become involved in the Section. Breaking into this niche ain’t easy, so anything the Section can do along these lines is … Continue Reading

Office of Tax Analysis of the Treasury Dept. has published a paper titled “The Federal Gift Tax: History, Law, and Economics.”

Posted in Trust Law Committee
Sarasota attorney Barry F. Spivey, who also chairs the Florida Bar’s Trust Law Committee, circulated the following email and link to the Treasury Department’s recently published white paper on the U.S. gift tax.  If tax planning is a part of your estate planning practice, this paper is probably a must read.  Here’s Barry’s email and a link … Continue Reading

Probate and Trust Litigation Committee Meeting Reports/White Papers

Posted in Litigation Committee
Click here for a PDF copy of the Agenda and related Reports/White Papers for the upcoming meeting of the Florida Bar’s Probate & Trust Litigation Committee.  These materials are an excellent way to keep up on the latest probate-related developments that could affect you, your firm or your clients.  I found the following items to be especially interesting: New Legislation: Fiduciary Lawyer-Client Privilege: [ITEM … Continue Reading

Trust Law Committee White Papers

Posted in Trust Law Committee
The Trust Law Committee met last week.  I apologize for not posting this sooner, but a very hectic trial schedule kept me away from the blog last week. Regardless, my principal reason for posting the committee meeting Agenda and Minutes is to disseminate the following reports/White Papers: Holding of legal title of entirities property in trust … Continue Reading

Probate and Trust Litigation Committee White Papers

Posted in Litigation Committee
Below is a copy of the email announcing the last Probate and Trust Litigation Committee meeting.  I apologize for not posting this sooner, but a very hectic trial schedule kept me away from the blog last week.  Regardless, my principal reason for posting these announcements is to disseminate the attached reports/White Papers. The committee meeting Agenda and … Continue Reading

Probate and Trust Litigation Committee meeting on Friday, February 23 at Noon at the Marriot on Hutchison Island

Posted in Litigation Committee
I’m rarely able to physically go to these meetings, but I always find time to read the excellent materials circulated to members prior to each meeting.  I also find these materials to be the best way to keep track of new legislation affecting the trusts and estates practice area.  If you read Jack Falk’s e-mail and the attached Agenda and Minutes for this meeting … Continue Reading

Proposed New Legislation: Florida Bar Probate and Trust Litigation Committee Meeting

Posted in Litigation Committee
If your practice involves contested probate or trust matters, you would do well to keep abreast of the legislative proposals being considered by the Probate and Trust Litigation Committee.  For example, key legislative items currently under consideration are the following: The Committee is considering new legislation that would build on (or perhaps detract from?) existing statutory law … Continue Reading

Probate and Trust Litigation Committee Meeting

Posted in Litigation Committee
The Probate and Trust Litigation Committee will be meeting from 10:30 a.m. to 12:15 p.m. on Thursday, August 10, 2006, at The Breakers on Palm Beach, Florida, in conjunction with the Real Property, Probate and Trust Law Section’s Executive Council meeting.  Committee Chair Jack Falk circulated two emails, which contain detailed memoranda addressing several legislative items … Continue Reading

Florida Bar Probate & Trust Litigation Committee Meeting

Posted in Litigation Committee
Miami Attorney Jack A. Falk, Jr., Chair of the Probate and Trust Litigation Committee of the Florida Bar, distributed this agenda as well as this memorandum in connection with the following pending and proposed legislative initiatives discussed at the August 18, 2005 litigation committee meeting: Repeal of the Deadperson’s Statute. Contestability of Revocable Trusts. Status … Continue Reading