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Probate Law

  • What is Probate?
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Trusts-and-estates litigation, probate administration and estate planning is all I do as a lawyer. My firm's website does a goodMore...
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    • Appellate Practice in Probate
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  • What is Probate?
  • What is Guardianship?
  • Do You Have a Will?
  • What is a Power of Attorney?
  • What is a Revocable Trust?
  • Florida's Probate Laws and Codes
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Florida Probate Laws and Codes

Florida's Probate Code (Chapters 731-735) Florida's Trust Code (Chapter 736) [click here for more] Florida's Prudent Investor Rule (F.S. 518.11) Florida's Principal and Income Act (Chapter 738) Florida's GuardianshipMore...

What is probate?

Probate is a court-supervised process for identifying and gathering the decedent's assets, paying taxes, claims and expenses and distributing assets to beneficiaries [click here for more]. The Florida Probate CodeMore...

What are probate assets?

Generally, probate assets are those assets in the decedent's sole name at death or otherwise owned solely by the decedent and which contain no provision for automatic succession of ownershipMore...
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"Death is not the end. There remains the litigation over the estate." - Ambrose Bierce
Recent Updates
  • McGuireWoods: Recent Cases of Interest to Fiduciaries
  • 5th DCA: No damages = no trustee surcharge action
  • 4th DCA: Do traditional standards controlling the issuance of temporary injunctions or "freeze" orders apply in trust litigation?
  • Oddball Trusts and the Lawyers Who Love Them
  • 3d DCA/2d DCA: Are evidentiary hearings required when removing a PR or refusing to appoint a PR with statutory priority?
  • Everything you ever wanted to know about drafting opinion letters involving Florida trusts (+ great forms!). What else could you ask for?
  • Fla. SCT: lawyer + financial planner + no written conflict waiver = disbarment
  • Sherlock Holmes as trusts & estates teaching tool
  • 3d DCA: Beneficiary's "best interests" vs. Settlor's conflicting "intent": who wins?
  • Interview with a Probate Lawyer: Mark R. Manceri
  • Will Contests--Prediction and Prevention
  • 4th DCA: Can a woman who's been adjudicated mentally incapacitated validly amend her revocable trust?
  • 5th DCA: Can estate beneficiaries sue the guardian's lawyers for estate planning malpractice?
  • 3d DCA: What happens when homestead property is invalidly devised in trust?
  • 2d DCA: Who has the burden of proving whether or not you're a "reasonably ascertainable" creditor of the estate?
  • 3d DCA: Revenge of the disappointed heir: tortious interference with an expected inheritance
  • 3d DCA: Florida's new Power of Attorney statutory regime makes its appellate court debut . . . the reviews are good
  • 1st DCA: Great expectations: what property rights does a child have in a parent's future intestate estate?
  • 4th DCA: What is the "cy pres" doctrine, and why should Florida charities care?
  • 4th DCA: Does an interest in a revocable trust vest when the trust is created or when the testator dies?
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Florida Probate & Trust Litigation Blog
Stokes McMillan Antúnez P.A.

Juan C. Antúnez,
Attorney At Law
One Southeast Third Avenue
Suite 1750, Miami, FL 33131

Telephone: (305) 379-4008
Fax: (305) 379-4848
Florida Probate Litigation, Will Contest Lawyer & Attorney : Juan C. Antúnez : Law Firm of Stokes McMillan Antúnez
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