Herskovitz v. Hershkovich, 2005 WL 2254003, 30 Fla. L. Weekly D2209
Continue Reading Probate litigator successfully spots substantive issues, but falls flat on civil procedure
New Probate & Trust Cases
A Trustee’s Duties and Responsibilities Under Discretionary Invasion Provisions
By Juan C. Antúnez on
Disputes revolving around whether the trustee of a “discretionary” trust acted appropriately…
Continue Reading A Trustee’s Duties and Responsibilities Under Discretionary Invasion Provisions
Creditor strikes out again: Florida Probate Rules do not provide for “vacatur” of mistaken orders
By Juan C. Antúnez on
When is a sweetheart gift really a “gift” or just words worth less than the paper they are written on?
By Juan C. Antúnez on
Rasmussen v. Rasmussen, 2005 WL 2138710 (Fla. 2d DCA September 7,…
Continue Reading When is a sweetheart gift really a “gift” or just words worth less than the paper they are written on?
The “Mother” of all probate-litigation fee disputes: widow seeks return of $50 million in “excessive” fees and gifts
By Juan C. Antúnez on
As reported in this New York Law Journal article, Manhattan law firm…
Continue Reading The “Mother” of all probate-litigation fee disputes: widow seeks return of $50 million in “excessive” fees and gifts
What is the “Trust Exception” to the statute of limitations applicable to probate creditors’ claims and when does it apply?
By Juan C. Antúnez on
Scott v. Reyes, 2005 WL 2172231 (Fla. 2d DCA September 9,…
Continue Reading What is the “Trust Exception” to the statute of limitations applicable to probate creditors’ claims and when does it apply?
Are law firms seeing an increase in estate litigation?
By Juan C. Antúnez on
In 2006 the exemption amount for federal estate taxes is $2.0 million…
Continue Reading Are law firms seeing an increase in estate litigation?
FLORIDA SUPREME COURT ON HOMESTEAD PROPERTY
By Juan C. Antúnez on
McKean v. Warburton, 2005 WL 2155180 (Fla. September 8, 2005) (…
Continue Reading FLORIDA SUPREME COURT ON HOMESTEAD PROPERTY
Ambiguous Drafting Leads to Litigation over Definition of a Decedent’s “Heirs at Law” under Florida Law
By Juan C. Antúnez on
Party Reasonably Expected to Pursue a Personal Injury Cause of Action Against an Estate Is a Creditor Entitled to Actual Notice That the Probate Proceedings Are Pending
By Juan C. Antúnez on