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Is a contractually required inheritance payment deductible for estate tax purposes?

By Juan C. Antúnez on May 27, 2025

It’s not uncommon for a trusts and estates litigator to wake up…

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Does a trustee’s breach of fiduciary duty — without evidence of fraud or malice — warrant punitive damages?

By Juan C. Antúnez on March 30, 2025

In 2022 the Florida Rules of Appellate Procedure changed to allow district…

Continue Reading Does a trustee’s breach of fiduciary duty — without evidence of fraud or malice — warrant punitive damages?

Creative Strategies for Defending Cases Involving Tortious Interference With Inheritance Expectation Claims

By Juan C. Antúnez on February 23, 2025

Dan Seigel is an experienced trusts and estates litigator who just published…

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

By Juan C. Antúnez on January 13, 2025

In today’s world the vast majority of inherited wealth gets transferred from…

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

By Juan C. Antúnez on December 2, 2024

Our probate code uses the “interested person” concept to ensure that anyone…

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

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

By Juan C. Antúnez on October 15, 2024

If you’re litigating a case and the defendant dies, the last thing…

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

Constructive Trust: Remedy, Cause of Action, or Both?

By Juan C. Antúnez on October 13, 2024

I was recently in a contested court hearing where a smart and…

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Are Turkish testamentary marital property rights enforceable in Florida?

By Juan C. Antúnez on August 15, 2024

Choice-of-law problems involving marital property are relatively uncommon, but when they do…

Continue Reading Are Turkish testamentary marital property rights enforceable in Florida?

Are assets of a decedent’s single-member LLC assets of her probate estate?

By Juan C. Antúnez on August 12, 2024

In probate proceedings how assets are titled is a big deal. While…

Continue Reading Are assets of a decedent’s single-member LLC assets of her probate estate?

Can a posthumously conceived child be a beneficiary of your will?

By Juan C. Antúnez on June 3, 2024

Advancements in assisted reproductive technology have created a class of heirs that…

Continue Reading Can a posthumously conceived child be a beneficiary of your will?

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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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