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What’s the “origin of the claim” doctrine and why should trusts and estates litigators care?

By Juan C. Antúnez on January 18, 2021

Ever wonder why we don’t spend much time thinking about the income…
Continue Reading What’s the “origin of the claim” doctrine and why should trusts and estates litigators care?

Tax the Rich?

By Juan C. Antúnez on June 24, 2020

It’s an election year, which means if you’re a trusts and estates…
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Will a faith-based arbitration clause disqualify your trust for tax purposes?

By Juan C. Antúnez on April 20, 2015

Faith-based arbitration clauses are legally enforceable. See Spivey v. Teen Challenge of …
Continue Reading Will a faith-based arbitration clause disqualify your trust for tax purposes?

Predicting the future of the U.S. estate tax

By Juan C. Antúnez on March 5, 2013

Anyone can tell you what the current state of the law is…
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After The Fiscal Cliff Deal: Estate And Gift Tax Explained

By Juan C. Antúnez on January 16, 2013

For the first time in over a decade we have permanent federal…
Continue Reading After The Fiscal Cliff Deal: Estate And Gift Tax Explained

Tax Court: Is a beneficiary’s claim to a distributive share of the estate tax deductible?

By Juan C. Antúnez on November 19, 2012

While we know what the federal estate tax rules are until the…
Continue Reading Tax Court: Is a beneficiary’s claim to a distributive share of the estate tax deductible?

Estate planners beware: to err is human, but the cover up can land you in jail

By Juan C. Antúnez on September 17, 2012

The competitive pressures and technical complexities of a sophisticated estate planning practice…
Continue Reading Estate planners beware: to err is human, but the cover up can land you in jail

S.D. Tex: Unpaid taxes on $35 million gift + bad legal advice = personal liability for executor and trustee

By Juan C. Antúnez on July 22, 2012

United States v. MacIntyre, ___ F.Supp.2d ___, 2012 WL 2403491 (S.D.
Continue Reading S.D. Tex: Unpaid taxes on $35 million gift + bad legal advice = personal liability for executor and trustee

Steve Akers: Protective Claim for Refund Procedures for Section 2053 Claims, Rev. Proc. 2011-48

By Juan C. Antúnez on December 5, 2011

Steve Akers of Bessemer Trust is one of the best speakers you’ll…

Continue Reading Steve Akers: Protective Claim for Refund Procedures for Section 2053 Claims, Rev. Proc. 2011-48

Great charts summarizing new Estate, Gift and GST Tax rules

By Juan C. Antúnez on January 4, 2011

On December 17, 2010, President Obama signed H.R. 4853, the Middle…

Continue Reading Great charts summarizing new Estate, Gift and GST Tax rules

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Annual Survey of Florida Trusts + Estates Law

This is my running list of significant trust, probate and guardianship related appellate opinions since 2005. If you think I've missed an important appellate decision that deserves wider notice, please let me know. As new appellate decisions are published I'll add them to the list.

    2023 . . . The Year in Review

    2022 . . . The Year in Review

      Click here for prior years

About this Blog

The Florida Probate & Trust Litigation Blog is authored by Juan Antúnez of Stokes McMillan Antúnez Martinez-Lejarza P.A

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