Stokes McMillan Maracini & Antúnez is much more than a conventional "trusts and estates" law firm. We offer clients individually tailored tax and personal advice that enhances their ability to transfer wealth to future generations while avoiding unnecessary taxes and family acrimony. We also have extensive experience representing individuals, banks and trust companies who are acting as trustees or personal representatives of Florida estates, in both general administrative matters and litigated or contested matters.
Trusts & Estates in the News
- 4th DCA: When a joint bank account is created with the funds of one person, there is a presumption of a gift to the other person which may be rebutted only by clear and convincing evidence to the contrary Julia v. Russo, --- So.2d ----, 2008 WL 2596324 (Fla. 4th DCA Jul 02, 2008) The 4th DCA reversed itself on an important point involving joint bank accounts, withdrawing this opinion and ....
- S.D.Fla: Trust litigation bounced from federal court: federal trial courts lack jurisdiction to review final judgments of state courts Staup v. Wachovia Bank, N.A., Slip Copy, 2008 WL 2598005 (S.D.Fla. Jun 27, 2008) The substantive issue in this case is pretty simple: if you lose in state court, you don't get another bite at the ....
- Lawyer's Checklist: Assessment of Testamentary Capacity and Vulnerability to Undue Influence If you're representing a plaintiff in an undue-influence or testamentary-capacity case, one of your first challenges is mapping out the questions you'll be asking when you depose the ....
- 1st DCA: Pending action to partition a joint tenancy with right of survivorship does NOT survive one joint tenant's death Mercurio v. Headrick, --- So.2d ----, 2008 WL 2434193 (Fla. 1st DCA Jun 18, 2008) The finality of death is the sort of thing most people can figure out pretty much on their own. Unfortunately, once ....
- 3d DCA: Genuine issues of material fact existed as to whether petitioners were legitimate heirs of decedent, precluding summary judgment Berkow v. Isaevna, --- So.2d ----, 2008 WL 2511272 (Fla. 3d DCA Jun 25, 2008)Lest we forget, the 3d DCA reminds us all once again that a summary judgment hearing isn't a trial. The ....