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Trustees In Hot Water

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Law book about wills and trusts on the desk.

Has all of Florida’s common law for modifying or terminating irrevocable trusts been replaced by statute?

By Juan C. Antúnez on December 21, 2020

Irrevocable trusts stay “irrevocable” only as long as everyone with a stake…
Continue Reading Has all of Florida’s common law for modifying or terminating irrevocable trusts been replaced by statute?

What’s a “qualified beneficiary” and why should trustees care?

By Juan C. Antúnez on February 11, 2019

Under Florida’s Trust Code there are two classes of beneficiaries, and which…
Continue Reading What’s a “qualified beneficiary” and why should trustees care?

Trust protectors; they’re like trustees, but not quite. So can they get sued?

By Juan C. Antúnez on May 18, 2016

It used to be so simple. Back in the day trust lawyers…
Continue Reading Trust protectors; they’re like trustees, but not quite. So can they get sued?

Changing trustees can be contentious, but there are ways for beneficiaries to ease the process.

By Juan C. Antúnez on October 2, 2014

As a family trust moves into its second or third generation, it’s…
Continue Reading Changing trustees can be contentious, but there are ways for beneficiaries to ease the process.

What litigators can learn from the OCC’s “Comptroller’s Handbook for Fiduciary Activities”

By Juan C. Antúnez on May 19, 2014

The fiduciary duty of care sets the minimum level of diligence and…
Continue Reading What litigators can learn from the OCC’s “Comptroller’s Handbook for Fiduciary Activities”

Are trustees entitled to due process prior to being removed?

By Juan C. Antúnez on August 10, 2012

It says it right in the trust code: trust litigation must be…
Continue Reading Are trustees entitled to due process prior to being removed?

McGuireWoods: Recent Cases of Interest to Fiduciaries

By Juan C. Antúnez on May 5, 2012

The fiduciary litigation group at McGuireWoods LLP in Richmond, Virginia recently published its latest national…

Continue Reading McGuireWoods: Recent Cases of Interest to Fiduciaries

US SCT: Supreme Court rules that general stock picking advice is subject to 2 percent-of-AGI floor but specialized fiduciary advice is fully deductible

By Juan C. Antúnez on January 19, 2008

Knight v. C.I.R. , — S.Ct. —-, 2008 WL 140749 (U.S. Jan…
Continue Reading US SCT: Supreme Court rules that general stock picking advice is subject to 2 percent-of-AGI floor but specialized fiduciary advice is fully deductible

Bank’s Opening of Safe-Deposit Box Leads to Trial on Missing Cash Claim

By Juan C. Antúnez on September 20, 2007

Opening safe-deposit boxes is a part of most probate administrations.  Banks are…
Continue Reading Bank’s Opening of Safe-Deposit Box Leads to Trial on Missing Cash Claim

Bancroft Trusts’ Lawyers Hold Key to Dow Jones

By Juan C. Antúnez on August 14, 2007

I can’t imagine a more extreme example of trustee decision making under…
Continue Reading Bancroft Trusts’ Lawyers Hold Key to Dow Jones

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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.

    2023 . . . The Year in Review

    2022 . . . The Year in Review

      Click here for prior years

About this Blog

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

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