On September 23, 2005 the Daily Business Review reported that Broward County
Continue Reading “Maxcy rule” strikes again: Fort Lauderdale attorney ordered to return $1.6 million in fees in probate case
New Probate & Trust Cases
Probate litigator successfully spots substantive issues, but falls flat on civil procedure
By Juan C. Antúnez on
Herskovitz v. Hershkovich, 2005 WL 2254003, 30 Fla. L. Weekly D2209…
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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…
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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,…
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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,…
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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…
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FLORIDA SUPREME COURT ON HOMESTEAD PROPERTY
By Juan C. Antúnez on
McKean v. Warburton, 2005 WL 2155180 (Fla. September 8, 2005) (…
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Ambiguous Drafting Leads to Litigation over Definition of a Decedent’s “Heirs at Law” under Florida Law
By Juan C. Antúnez on