Florida Probate & Trust Litigation Blog

Florida Probate & Trust Litigation Blog

By Juan C. Antúnez of Stokes McMillan Antúnez P.A.

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Category Archives: Dependent Relative Revocation Doctrine

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2d DCA: Ethics violation = undue influence = attorney and paralegal forfeit $7.2 million bequest

Posted in Dependent Relative Revocation Doctrine, Ethics & Malpractice Claims
Carey v. Rocke, 18 So.3d 1266 (Fla. 2d DCA October 23, 2009) According to newspaper accounts this will contest revolved around allegations of undue influence and related attorney ethics violations. The decedent’s attorney wrote himself and his paralegal into a client’s will for what ultimately morphed into a $7.2 million bequest between the two of them,… Continue Reading

Dependent relative revocation doctrine + prior wills = no standing to sue

Posted in Dependent Relative Revocation Doctrine
In re Estate of Coukos, 947 So.2d 1290, 32 Fla. L. Weekly D433 (Fla. 2d DCA Feb 09, 2007) Sometimes the best defense is a good offense.  In the linked-to case, counsel for the personal representative deftly defended against a lawsuit by disinherited heirs by attacking their standing to bring the suit, vs. allowing his client to… Continue Reading

Is it possible for three children completely cut out of their mother’s last will, as well as the three wills she previously executed, to somehow end up as sole beneficiaries of her estate? Yes

Posted in Dependent Relative Revocation Doctrine
Wehrheim v. Golden Pond Assisted Living Facility, 2005 WL 1537448 (Fla. 5th DCA July 1, 2005) (Trial Court Reversed) Most cases provide good examples of mistakes you want to avoid, for example, how mishandling homestead property can lead to unintended consequences (see here) or how to make sure you’ve served formal notice on a minor… Continue Reading

Dependent Relative Revocation doctrine falls short in attempt to fix an estate plan gone awry

Posted in Dependent Relative Revocation Doctrine
Rosoff v. Harding, 2005 WL 1163101 (Fla. 4th DCA May 18, 2005) Sometimes a belts-and-suspenders approach to estate planning is not just overkill, it actually ends up doing more harm than good. In this case “Brother” wanted to look out for his sister. So far, so good. So Bother’s Will creates a testamentary trust for… Continue Reading