It’s not unusual for marital settlement agreements (“MSAs”) to pop up as
Continue Reading Surviving spouse’s Homestead Rights vs. ex-spouse’s contractual rights under Marital Settlement Agreement. Who wins?
New Probate & Trust Cases
Interview with a Probate Lawyer: Frank T. Adams
By Juan C. Antúnez on
Frank T. Adams of Dunwody White & Landon, P.A. in Coral Gables…
Continue Reading Interview with a Probate Lawyer: Frank T. Adams
If a probate creditor files his “independent action” in the wrong division of the circuit court, should the action be dismissed or transferred?
By Juan C. Antúnez on
One of the decedent’s two sons claimed his father owed him over…
Continue Reading If a probate creditor files his “independent action” in the wrong division of the circuit court, should the action be dismissed or transferred?
What’s it take to collaterally attack a “quickie” Nevada divorce as part of a Florida inheritance dispute?
By Juan C. Antúnez on
In this case a disinherited son contested his father’s estate on the…
Continue Reading What’s it take to collaterally attack a “quickie” Nevada divorce as part of a Florida inheritance dispute?Can a corporate trustee caught in middle of on-going divorce litigation sue one of the ex-spouses for unjust enrichment?
By Juan C. Antúnez on
Probate judge to personal representatives: “there is a higher power that [you’re] accountable to and, short of God, that’s me.” 4th DCA says not so fast.
By Juan C. Antúnez on
Florida must recognize gay widower’s Delaware marriage for purposes of appointing the non-resident personal representative of his ancillary estate, Palm Beach probate judge rules
By Juan C. Antúnez on
Estate of Bangor, Case No. 502014CP001857 (Fla. 15th Cir, Palm Beach,…
Continue Reading Florida must recognize gay widower’s Delaware marriage for purposes of appointing the non-resident personal representative of his ancillary estate, Palm Beach probate judge rules
Is a probate judge’s “jurisdictional” authority limited to only probate-related matters?
By Juan C. Antúnez on
Our state circuit courts are usually split up into specialty divisions, as…
Continue Reading Is a probate judge’s “jurisdictional” authority limited to only probate-related matters?5th DCA notes conflict with 4th DCA while siding with 1st and 2nd DCA’s on when “reasonably ascertainable” creditor’s filing deadline begins to run; issue to be decided by Florida Supreme Court
By Juan C. Antúnez on
Can a probate judge ignore your caveat and admit a challenged will to probate before the will contest is adjudicated?
By Juan C. Antúnez on
Platt v. Osteen, — So.3d —-, 2012 WL 6629650 (Fla. 5th …
Continue Reading Can a probate judge ignore your caveat and admit a challenged will to probate before the will contest is adjudicated?