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Frequently Asked Questions

By Juan C. Antúnez on September 12, 2004
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  • Are law firms seeing an increase in estate litigation?
  • What litigation red flags should I be on the look out for?
  • What are the most common probate litigation claims?
  • How can I identify potential litigants?
  • How can I anticipating evidentiary issues that might come into play in probate litigation?
  • How can I defend against possible probate litigation in my estate planning?
    • Who’s in and Who’s Out (Identifying Beneficiaries)?
    • Who Picks The Trustee and When Can You Fire Him?
    • Who Pays Uncle Sam?
    • Who Gets The House?
    • What If Surviving Spouse Wants More?
    • Do You Have To Sell The Family Business?
    • How Much Are Current And Remainder Beneficiaries Entitled To?
    • Are Arbitration Clauses Enforceable?
    • Can You Tilt the Litigation Playing Field to Your Advantage?
    • What if Undue Influence is Suspected?
    • What if Some Family Members Get More Than Others?
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About the Author
I’m a partner with Stokes McMillan Antúnez Martinez-Lejarza P.A., a boutique trusts and estates law firm located in Miami, Florida. I’ve been practicing law for over 25 years. Trusts and estates litigation, probate administration and estate planning is all I do as a lawyer. Read More

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What’s a “convenience account” and why should probate attorneys care?

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The Difficulty of Crossing a Field

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Are trustees and beneficiaries of a decedent’s trust “interested persons” of his probate estate?

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Is the appointment of a personal representative a precondition to filing a rule 1.260 motion to substitute?

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Annual Survey of Florida Trusts + Estates Law

This is my running list of significant trust, probate and guardianship related appellate opinions since 2005. If you think I've missed an important appellate decision that deserves wider notice, please let me know. As new appellate decisions are published I'll add them to the list.

    FY 2023-24 Probate Court Filing Statistics: How busy are our probate judges?

    2025 … The Year in Review

    2024 … The Year in Review

      Click here for prior years

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The Florida Probate & Trust Litigation Blog is authored by Juan Antúnez of Stokes McMillan Antúnez Martinez-Lejarza P.A

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