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13 Nov 2017, 7:02 am by Juan C. Antúnez
In re Guardianship of Bloom, — So.3d —-, 2017 WL 2270124 (Fla. 2d DCA May 24, 2017) If you’re the trustee of a trust, F.S. 736.0816(20) tells us you’re presumptively entitled to hire attorneys to help you do your job and to pay them a reasonable fee for their services. [read post]
17 Oct 2022, 7:25 am by Juan C. Antúnez
Generally speaking, if you’re contesting one of the statutory prerequisites for admitting a will to probate, you’re litigating the kind of validity challenge that’s covered by F.S. 733.212(3). [read post]
4 May 2020, 7:09 am by Juan C. Antúnez
’ ”); In re Will of Reilly, 201 N.J.Super. 306, 493 A.2d 32, 33, 35 (1985); In re Estate of Knospe, 165 Misc.2d 45, 626 N.Y.S.2d 701, 702-03 (Surr. [read post]
7 May 2019, 9:06 am
• Retroactive re-sentencing for people who were convicted of aggravated assault back when the state’s punishment for that crime was harsher than it is now. [read post]
16 Sep 2017, 9:47 am by Juan C. Antúnez
If you’re a working probate attorney, elective share claims loom large in your practice. [read post]
15 Oct 2021, 12:37 pm by Juan C. Antúnez
As in, was the will or trust “procured” by undue influence, triggering invalidity under F.S. 732.5165 (for wills) or F.S. 736.0406 (for trusts). [read post]
22 Dec 2020, 6:39 am by Juan C. Antúnez
Illustration by Mikel JasoIf you’re working with the trustee of an irrevocable trust that needs fixing for some reason, your first thought should be to simply re-write the thing by using F.S. 736.04117, Florida’s “decanting” statute. [read post]
15 Jun 2018, 10:27 am by The Ansara Law Firm
Additional Resources: F.S. 733.903 More Blog Entries: Estranged Children and Inheritances: Absent Will, They May Stake Claim, April 25, 2018, Fort Lauderdale Probate Attorney Blog The post Fort Lauderdale Probate Lawyer: Re-Opening a Closed Estate appeared first on Broward Injury Lawyer Blog. [read post]
22 Aug 2016, 7:26 am by Juan C. Antúnez
August 16, 2016) If you’re a trusts and estates litigator in Florida, sooner or later you’re going to be involved in some kind of multi-jurisdictional case. [read post]
8 Sep 2014, 6:39 am by Juan C. Antúnez
If you’re working with an irrevocable trust that needs fixing for some reason and the trust agreement includes an “absolute” power to invade trust principal, your first thought should be to simply re-write the trust by using Florida’s “decanting” statute (F.S. 736.04117). [read post]
16 Oct 2008, 2:29 am
Howard, 542 So.2d 400 (Fla. 1st DCA 1989), as is obtaining the removal of a representative, In re Estate of Eisenberg, 433 So.2d 542 (Fla. 4th DCA 1983). [read post]
23 Dec 2017, 10:36 am by Associates and Bruce L. Scheiner
Several years ago, Florida lawmakers decided to enact a measure that would alter F.S. 90.702 (testimony by experts) and F.S. 90.704 (basis of opinion testimony by experts), forgoing the so-called “Frye standard” (so named for the 1923 case of Frye v. [read post]