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What if Some Family Members Get More Than Others?

By Juan C. Antúnez on December 28, 2004
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If the client intends on disinheriting or making a significantly less substantial gift to one of his children or any other “natural object of the client’s bounty,” consideration should be given to addressing this fact in the will or trust, although attempting to explain the underlying reasons for the disparate treatment should be avoided. For example:

I recognize and understand that I have intentionally failed to provide for DAUGHTER and that SON#1 is treated more favorably than SON#2. I have carefully considered the disposition of my estate and declare that said unequal treatment reflects my intentions.

Photo of Juan C. Antúnez Juan C. Antúnez

Mr. Antúnez is a Florida native. Prior to law school Mr. Antúnez volunteered for service with the United States Marine Corps Reserve, 4th ANGLICO, West Palm Beach, Florida (1987-1993), including combat operations during the First Gulf War (1990-91). Mr. Antúnez has practiced law…

Mr. Antúnez is a Florida native. Prior to law school Mr. Antúnez volunteered for service with the United States Marine Corps Reserve, 4th ANGLICO, West Palm Beach, Florida (1987-1993), including combat operations during the First Gulf War (1990-91). Mr. Antúnez has practiced law in Florida since 1996. Trusts and estates litigation, probate administration and estate planning is all he does as a lawyer. Mr. Antúnez is the author and publisher of the Florida Probate & Trust Litigation Blog, co-author of the Florida probate chapter of International Succession, published by Oxford University Press, and sole author of the Florida chapter of ADR and Trusts: an international guide to arbitration and mediation of trust disputes, published by Spiramus Press. Mr. Antúnez has previously served as an adjunct law professor for the LL.M. in Estate Planning program at the University of Miami School of Law, and frequently lectures at continuing legal education seminars for professional groups on areas related to trusts and estates. Read More…


Education

LL.M. in Estate Planning, University of Miami School of Law, Miami, Florida, 2003

J.D., New York University School of Law, New York, New York, 1996

B.A., Finance, Florida International University, College of Business, Miami, Florida, 1992

Jurisdictions Admitted to Practice

Florida, 1996

Admissions

All Florida state courts

U.S. Court of Appeals for the Eleventh Circuit

U.S. District Court, Middle District of Florida

U.S. District Court, Northern District of Florida

U.S. District Court, Southern District of Florida

Professional & Bar Association Memberships

Florida Bar

Member: Real Property, Probate and Trust Law Section

Member: Elder Law Section

Member: International Law Section

Military Service

4th ANGLICO, United States Marine Corps Reserve, West Palm Beach, Florida, 1987-1993

Honors: Combat Action Ribbon, Kuwaiti Liberation Medal, National Defense Service Medal, Southwest Asia Service Medal, Army Commendation Medal, Meritorious Unit Citation

Read more about Juan C. AntúnezEmailJuan C.'s Linkedin Profile
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  • Posted in:
    Trusts, Estates and Elder
  • Blog:
    Florida Probate & Trust Litigation Blog
  • Organization:
    Stokes McMillan Antúnez Martinez-Lejarza P.A.
  • Article: View Original Source

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