Florida Probate Litigation, Will Contest Lawyer & Attorney : Juan C. Antúnez : Serving Miami, Jacksonville, Tampa Saint Petersburg, Orlando, Fort Lauderdale

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What is a Power of Attorney?

  • About the Power of Attorney
  • Powers and Duties of an Attorney-in-Fact
  • Using the Power of Attorney
  • Relationship of Power of Attorney to Other Legal Instruments
  • Healthcare and the Power of Attorney
  • Termination of the Power of Attorney
  • Financial Management and the Liability of an Attorney-in-Fact
  • Examples of Florida litigation involving powers of attorney.
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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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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...

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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
  • Can guardianship litigation preempt a will contest?
  • George Washington on Arbitration of Probate Disputes
  • 3d DCA: Probate court reversed for improperly dismissing a petition to probate a lost or destroyed will
  • 4th DCA: Spotty evidentiary record = reversal of trust beneficiary's attorney's fee award
  • New legislation: Payment of trustee attorneys' fees when defending breach of duty claims; trustees have new affirmative notice obligations
  • Did Florida's new trust code weaken existing creditor protections for Florida irrevocable trusts?
  • 2d DCA: What probate lawyers should know about fee disputes under Florida's Wrongful Death Act
  • Probate and Trust Litigation Committee Meeting Reports/White Papers
  • 5th DCA: Can you enforce a California constructive-trust judgment against a Florida homestead?
  • How Pennsylvania officials and an inept trustee board of directors screwed poor kids out of $1 billion by stopping the sale of candy-maker Hershey Company
  • 3d DCA: "Constructive trust": tool for recovering probate assets when the doors of the probate courthouse are closed to you
  • 5th DCA: Appellate court cuts winning side's fees
  • S.D.Fla: Trust litigation bounced from federal court: federal trial courts lack jurisdiction to review final judgments of state courts
  • 4th DCA: When a joint bank account is created with the funds of one person, there is a presumption of a gift to the other person which may be rebutted only by clear and convincing evidence to the contrary
  • Lawyer's Checklist: Assessment of Testamentary Capacity and Vulnerability to Undue Influence
  • 1st DCA: Pending action to partition a joint tenancy with right of survivorship does NOT survive one joint tenant's death
  • 3d DCA: Genuine issues of material fact existed as to whether petitioners were legitimate heirs of decedent, precluding summary judgment
  • Might the U.S. Justice Department blow a hole in Switzerland's centuries-old banking-secrecy rules?
  • 4th DCA: Procedural statute for determining incapacity does NOT make the potential ward responsible for examining committee fees where the guardianship petition is dismissed or denied
  • Federal suit by disgruntled litigant against Miami probate judge Arthur Rothenberg dismissed
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Stokes McMillan Maracini & Antunez P.A.

Juan C. Antunez, 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. Antunez : Law Firm of Stokes McMillan Maracini & Antunez
Links
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  • You and Yours Blawg
  • The Online Lawyer
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  • Florida Asset Protection Blog
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  • Wills, Trusts & Estates Prof Blog
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