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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
  • 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?
  • Fla SC: New appellate rule for probate & guardianship proceedings
  • Steve Akers: Protective Claim for Refund Procedures for Section 2053 Claims, Rev. Proc. 2011-48
  • Don't Miss George Clooney in The Descendants, Made to Order for Trust Buffs
  • 3d DCA: If a foreign national doesn't qualify for the homestead tax exemption, is he also automatically disqualified from claiming homestead creditor protection?
  • 4th DCA: If a lawyer improperly writes himself into his client's will, is the bequest automatically void as a matter of law?
  • What is Florida's "nonademption" statute, and why should I care?
  • 4th DCA: Does a post-nuptial agreement trump a pre-existing will?
  • 4th DCA: Do the remainder beneficiaries of a revocable trust have standing to sue?
  • Join me in December at upcoming NBI seminar: "Estate Administration Procedures: Why Each Step Is Important"
  • 4th DCA: Are "discharge clauses" in contingency fee agreements for probate litigation ethics violations that are per se unenforceable?
  • 4th DCA: When can a probate judge assess the winning side's attorney's fees against a litigant for bad faith, wrongdoing or frivolousness?
  • New legislation clarifies when Rule 1.525's 30-day deadline for attorney's fee motions apply to contested probate, guardianship and trust proceedings
  • I was there when Venezuelans buried ex-President Carlos Andrés Pérez
  • 1st DCA: Does a will without a residuary clause = partial intestacy?
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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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