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Estate of Bosch, 387 U.S. 456, 465 (1967); Cunningham v.
Commissioner, T.C. Memo. 1994-474. In this case, order No. 16 in
the final judgment stated: "The Husband, shall, as an incidence
of support to the Wife, pay her attorney's fees, suit monies and
costs. The Court specifically reserves jurisdiction for the
purpose of determining the amount of the fees, suit monies and
costs." While this provision of the final decree does not
expressly state that the obligation survives the death of Ms.
Seyler, it does contemplate continuing jurisdiction by the court
on the matter.
Additionally, under Florida law, petitioner's obligation to
pay the attorney's fees of Ms. Seyler would have continued after
her death. In Canakaris v. Canakaris, 382 So. 2d 1197, 1201
(Fla. 1980), the Florida Supreme Court stated:
Although the award of lump sum alimony is not dependent
upon a finding of a prior vested right, there does arise
upon the entry of a final judgment of a lump sum award a
vested right which is neither terminable upon a spouse's
remarriage or death nor subject to modification. It may
consist of real or personal property, or may be a monetary
award payable in installments. Jurisdiction may be
expressly retained, however, to terminate lump sum alimony
installment payments upon a spouse's remarriage or death
when the parties agree to such a provision in a property
settlement agreement. Further, jurisdiction may be retained
to enter periodic alimony if found necessary after such
termination of lump sum alimony installment payments. * * *
The Court has noted that the majority of State courts, including
those of Florida, have concluded that an award of attorney's fees
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