Siegel v. Novak, 2006 WL 119545 (Fla. 4th DCA Jan 18,
Continue Reading Is Standing to Sue a Substantive or Procedural Matter for Choice of Law Purposes? Forth DCA Says It’s Substantive
New Probate & Trust Cases
Does “Clear and Convincing Evidence” of Incapacity Preclude the Existence of Conflicting Evidence? Fifth DCA Says No
By Juan C. Antúnez on
Smith v. Smith, 2005 WL 3555852 (Fla. 5th DCA Dec 30,…
Continue Reading Does “Clear and Convincing Evidence” of Incapacity Preclude the Existence of Conflicting Evidence? Fifth DCA Says No
Florida Supreme Court on Freely Devisable Homestead Property
By Juan C. Antúnez on
McEnderfer v. Keefe, 2006 WL 129320 (Fla. Jan 19, 2006) In…
Continue Reading Florida Supreme Court on Freely Devisable Homestead Property
Cautionary Tale: Attorney Goes to Jail for Filing False Estate Tax Return
By Juan C. Antúnez on
Estate tax returns are complicated and technically demanding for even the most…
Continue Reading Cautionary Tale: Attorney Goes to Jail for Filing False Estate Tax Return
Yes . . . Those Pesky Beneficiary Designation Forms Actually Matter!!
By Juan C. Antúnez on
Smith v. Smith, 2005 WL 3439889, 30 Fla. L. Weekly D2845…
Continue Reading Yes . . . Those Pesky Beneficiary Designation Forms Actually Matter!!
How to Fix a Broken Trust: Post Mortem Trust Reformations of Drafting Mistakes
By Juan C. Antúnez on
Florida Judges Have “Limited Discretion” When Appointing Guardians
By Juan C. Antúnez on
Wilson v. Robinson, 2005 WL 3499495 (Fla. 5th DCA Dec 23,…
Continue Reading Florida Judges Have “Limited Discretion” When Appointing Guardians
Newsflash to Probate Bar: Even in Probate Proceedings Due Process Rights Still Mean Something
By Juan C. Antúnez on
Fleming v. Demps, 2005 WL 3481367 (Fla. 2d DCA Dec 21,…
Continue Reading Newsflash to Probate Bar: Even in Probate Proceedings Due Process Rights Still Mean Something
Third DCA Enforces Waiver of Homestead Rights to Pay Attorney’s Fees
By Juan C. Antúnez on
Demayo v. Chames, 2005 WL 3180187, 30 Fla. L. Weekly D2692…
Continue Reading Third DCA Enforces Waiver of Homestead Rights to Pay Attorney’s Fees
Failure to Account for Statutory Apportionment of Taxes and Administrative Expenses Leads to Post Mediation Litigation
By Juan C. Antúnez on
Sheets v. Palmer, 2005 WL 3403620 (Fla. 1st DCA Dec 14,…
Continue Reading Failure to Account for Statutory Apportionment of Taxes and Administrative Expenses Leads to Post Mediation Litigation