About Juan
Trusts-and-estates litigation, probate administration and estate planning is all I do as a lawyer. My firm's website does a good job of describing my non-litigation practice [click here]. In terms of what I do as a litigator, my practice falls under three broad categories: [1] contested probate matters, [2] contested trust matters, and [3] related real property litigation.
Trusts-and-Estates Litigation
[1] Contested Probate Proceedings:
I represent personal representatives, beneficiaries, charities and potential heirs in the following areas:
- Will Contests
- Breach of Fiduciary Duty
- Probate Fraud
- Beneficiary Rights
- Elective Share Claims
- Abuse of Power of Attorney
- Joint Bank Account Litigation
- Pay on Death Disputes
- Last Will and Testament Disputes
- Estate Administration
- Probate
- Probate Litigation
- Undue Influence Claims
- Lack of Mental Capacity (Testamentary Capacity)
- Guardianships and Conservatorships
- Removal of Personal Representative
[2] Contested Trust Proceedings:
I represent trust beneficiaries and trustees in the following areas:
- Failure to make proper and timely distributions
- Improper investments
- Self dealing
- Excessive trustee compensation
- Interpreting ambiguous trust provisions
- Trust Litigation
- Trust Administration
- Trust Reformation/Construction
- Trust Contests
[3] Real Property Litigation:
In connection with probate and trust disputes, there are certain types of real estate disputes that often arise. As such, I represent parties in connection with the following types of real estate disputes:
- Homestead Determinations
- Joint Owner Disputes
- Partition Actions
- Disputes Between a Life Estate Holder & the Remaindermen
Professional Background:
I am a graduate of Florida International University's business school (B.A. in finance with honors), the New York University School of Law (J.D.), and the University of Miami School of Law (LL.M. in Estate Planning). I have been awarded an AV® Peer Review Rating by LexisNexis Martindale-Hubbell. In 2005, I was named by Florida Trend Magazine as one of Florida's "Best Up-and-Coming Attorneys". My past travels in the law include a few years as Associate General Counsel for Telemundo, a national Spanish-language television network headquartered in South Florida, and a short stint as an associate with one of South Florida's largest law firms, Gunster Yoakley & Stewart.
United States Marine Corps:
Prior to law school I volunteered for service in the United States Marine Corps Reserve from 1987 to 1993 (4th ANGLICO, West Palm Beach, Florida), including combat duty during the first Gulf War. In addition to managing not to get myself shot, after "Gulf I" I ended up with the Combat Action Ribbon, Kuwaiti Liberation Medal, National Defense Service Medal, Southwest Asia Service Medal, Army Commendation Medal, and Meritorious Unit Citation.
Favorite Quotes:
Governing assumptions:
“Never ascribe to malice that which can adequately be explained by incompetence.”
Solving complex problems:
"For every complex problem there is an answer that is clear, simple, and wrong."
- H. L. Mencken
Style matters:
"What I admire most in any [litigator] is a serene spirit, a steady freedom from moral indignation, an all-embracing tolerance -- in brief, what is commonly called good sportsmanship. Such a man is not to be mistaken for one who shirks the hard knocks of life. On the contrary, he is frequently an eager gladiator, vastly enjoying the opposition. But when he fights he fights in the manner of a gentleman fighting a duel, not in that of a longshoreman cleaning out a waterfront saloon. That is to say, he carefully guards his amour proper by assuming that his opponent is as decent a man as he is, and just as honest -- and perhaps, after all, right. Such an attitude is palpably impossible to [the "Rambo" litigator]. His distinguishing mark is the fact that he always attacks his opponents, not only with all arms, but also with snorts and objurgations -- that he is always filled with moral indignation -- that he is incapable of imagining honor in an antagonist, and hence incapable of honor himself. Such fellows I do not like. I do not share their emotion. I can't understand their indignation, their choler. . . . ."
- H. L. Mencken
Disclaimer
This blog site is published by and reflects the personal views and legal interpretations of Juan Antunez in his individual capacity. It does not necessarily represent the views of his law firm or his clients, and is not sponsored or endorsed by them. The information contained in this blog site is provided only as general information for education purposes and is not intended to provide specific legal advice. No representation is made about the accuracy of the information posted on this blog site. Blog topics may or may not be updated and entries may be out-of-date at the time you view them.
By using this blog site you understand that there is no attorney-client relationship between Juan Antunez or his law firm and you. The posted information is neither provided in the course of an attorney-client relationship nor intended to constitute legal advice. This blog site should not be used as a substitute for competent legal advice from a licensed attorney in your state. This blog site is not intended to be advertising or to solicit any viewer to retain Juan Antunez as counsel.
Although sample clauses for wills and trusts may be provided and discussed in this blog, no form clause is a substitute for informed legal judgment. Juan Antunez does not guarantee that the sample clauses discussed in this blog effectively accomplish any purpose, and his law firm assumes no responsibility for the text of the sample clauses cited herein or their uses. By using any of the sample will or trust clauses discussed in this blog, the user acknowledges that such person (and not Juan Antunez or his law firm) is responsible for any document that such person prepares based on such language.
