This is my running list of significant Florida trusts-and-estates related appellate opinions for 2024. If you think I’ve missed an important case that deserves wider notice, please let me know. As new decisions are published I’ll add them to the list. The cases listed below are hyper-linked to the court’s original opinion and any commentary I may have written about the case. Click here for prior years.
- Kersey v. Abraham, — So.3d —-, 2024 WL 57468 (Fla. 6th DCA January 05, 2024) (trustee damages)
- Green v. Polukoff, 377 So.3d 1175 (Fla. 4th DCA January 17, 2024) (appointment of a personal representative not precondition to filing motion to substitute)
- Darst v. West Coast Group Enterprises, — So.3d —-, 2024 WL 590569 (Fla. 2d DCA February 14, 2024) (trustee must be represented by counsel; can’t appear pro se)
- Steele v. Commissioner of Social Security, — So.3d —-, 2024 WL 630219 (Fla. February 15, 2024) (posthumously conceived child; beneficiary under will)
- Ezeamama v. In re Estate of Chibugo, — So.3d —-, 2024 WL 1894863 (Fla. 3d DCA May 01, 2024) (real estate held by decedent’s single-member LLC is not a probate asset)
- Fuentes v. Link, — So.3d —-, 2024 WL 3049415 (Fla. 3d DCA June 19, 2024) (trust agreement functioned as deed for valid conveyance of real property)
- Carmel v. Fleischer, — So.3d —-, 2024 WL 3057578 (Fla. 4th DCA June 20, 2024) (beneficiary of trust interested person of estate)
- Kavanaugh v. Thomas, 390 So.3d 751 (Fla. 5th DCA July 12, 2024) (failure to appoint PR with statutory preference)
- Miller as Co-Trustee of Amendment and Complete Restatement of Barbara R. Nurenberg Declaration of Trust , u/a/d October 9, 2018 v. Moore, — So.3d —-, 2024 WL 3587967 (Fla. 4th DCA July 31, 2024) (trustee disgorgement; personal service required)
- Leitner v. Leitner, — So.3d —-, 2024 WL 3630673 (Fla. 5th DCA August 02, 2024) (deeds and undue influence presumption; no summary judgment)
- Anderson v. Estate of Anderson, — So.3d —-, 2024 WL 3682121 (Fla. 3d DCA August 07, 2024) (failure to object to petition for administration; waiver)
- Short v. Oros, — 86 F. Supp. 3d —-, 2024 WL 3890078 (M.D. Fla. August 21, 2024) (pleading diversity jurisdiction; estates, trusts)
- Wilson v. In re: Estate of Loftin, — So.3d —-, 2024 WL 4219383 (Fla. 3d DCA September 18, 2024) (rev trust standing; estate admin exp proceedings)