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What is Guardianship?

  • What is a guardianship and guardian?
  • How is a person determined to be incapacitated?
  • Who may serve as guardian?
  • What does a guardian do?
  • Is a guardian accountable?
  • Is guardianship permanent?
  • Is guardianship the only means of helping an incapacitated person?
  • What about guardians for minors?
  • Examples of Florida litigation involving guardianship proceedings
  • Probate Law Library Disclaimer
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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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
  • 4th & 2d DCA on "in camera" review of privileged documents in probate litigation
  • 5th DCA: Does inter vivos gift of stock automatically fail if stock certificate remained registered in donor's name at death?
  • AAA's new Wills and Trusts Arbitration Rules and Mediation Procedures
  • 3d DCA says NO to adoption of 42 year old girlfriend; ends ploy to raid 1/3 share of $300 million trust fund
  • Before the Party's Over: Arguments For and Against Pre-Death Will Contests
  • 2d DCA: Can a judge cut your attorney's fees in a contested guardianship proceeding without explaining why?
  • U.S. Supreme Court to decide when a breach-of-trust judgment against a former trustee is dischargeable in bankruptcy
  • Predicting the future of the U.S. estate tax
  • 3d DCA: Can arguing for the appointment of a court-appointed guardian to handle litigation for an incapacitated adult if she previously executed a valid DPOA get you (and your lawyer) sanctioned?
  • 2d DCA: Is personal service of process needed to challenge a DPOA?
  • 4th & 5th DCA: How to draft attorney's fees and costs orders that won't get reversed on appeal
  • Florida's Principal & Income Act gets an update
  • After The Fiscal Cliff Deal: Estate And Gift Tax Explained
  • 5th DCA: If your witness can't testify to the "content" of the lost will, do you still have a case?
  • 4th DCA: Jasser v. Saadeh and the "prisoner's dilemma" as metaphor for settlement "agreements" in guardianship litigation
  • 4th DCA: Can filing a time-barred will contest get you (and your lawyer) sanctioned?
  • 3d DCA: Can a trustee be personally liable for an opposing party's legal fees in a breach of trust lawsuit?
  • The Domestic Asset Protection Trust: Ranking the Jurisdictions
  • 5th DCA: Does a trustee's breach of fiduciary duty = "fraud" for equitable lien on homestead purposes?
  • Tax Court: Is a beneficiary's claim to a distributive share of the estate tax deductible?
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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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