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Compensation Disputes

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A civil dispute over guardianship

By Juan C. Antúnez on June 22, 2020

First filed in 2014, this contested guardianship proceeding has dragged on in…
Continue Reading A civil dispute over guardianship

When do you have to give notice if you’re trying to get your attorney’s fees paid from a trust under F.S. 736.1005?

By Juan C. Antúnez on November 13, 2017

If you’re the trustee of a trust, F.S. 736.0816(20) tells us you’re…
Continue Reading When do you have to give notice if you’re trying to get your attorney’s fees paid from a trust under F.S. 736.1005?

Court says YES to $24.6 million in trustee fees; NO to hourly billing

By Juan C. Antúnez on January 29, 2016

We can all agree hourly billing is a terrible way to do …
Continue Reading Court says YES to $24.6 million in trustee fees; NO to hourly billing

When does a probate judge have “personal” jurisdiction over a personal representative or trustee?

By Juan C. Antúnez on August 17, 2015

Section 731.105 of our Probate Code tells us that all probate matters…
Continue Reading When does a probate judge have “personal” jurisdiction over a personal representative or trustee?

Can a trial judge assess over $85,000 in attorneys fees against beneficiaries for suing a trustee who committed “numerous breaches” of fiduciary duty?

By Juan C. Antúnez on July 15, 2015

The default rule in most civil trials is that win or lose,…
Continue Reading Can a trial judge assess over $85,000 in attorneys fees against beneficiaries for suing a trustee who committed “numerous breaches” of fiduciary duty?

Gavel on bankruptcy Law books

Can winning a “defalcation” ruling in a bankruptcy proceeding against your former probate lawyer end up immunizing his insurance carrier from liability?

By Juan C. Antúnez on June 16, 2015

Complex estate litigation usually doesn’t get resolved in a single winner-take-all trial.
Continue Reading Can winning a “defalcation” ruling in a bankruptcy proceeding against your former probate lawyer end up immunizing his insurance carrier from liability?

Can you be found guilty of “defalcation” for billing a client in accordance with Florida’s statutory fee schedule?

By Juan C. Antúnez on October 27, 2014

If there’s anyone out there that still believes F.S. 733.6171 (the probate…
Continue Reading Can you be found guilty of “defalcation” for billing a client in accordance with Florida’s statutory fee schedule?

Probate judge to personal representatives: “there is a higher power that [you’re] accountable to and, short of God, that’s me.” 4th DCA says not so fast.

By Juan C. Antúnez on September 2, 2014

Vazza v. Estate of Vazza, — So.3d —-, 2014 WL 4082864…
Continue Reading Probate judge to personal representatives: “there is a higher power that [you’re] accountable to and, short of God, that’s me.” 4th DCA says not so fast.

4th DCA: Does Rule 1.525′s 30-day deadline apply in adversary probate proceedings?

By Juan C. Antúnez on February 20, 2014

Stone v. Stone, — So.3d —-, 2014 WL 537547 (Fla. 4th…
Continue Reading 4th DCA: Does Rule 1.525′s 30-day deadline apply in adversary probate proceedings?

3d DCA: $1.2 million trustee fee dispute snowballs into across-the-board indictment of trustee’s tenure resulting in whopping $5.3 million adverse judgment

By Juan C. Antúnez on August 19, 2013

McCormick v. Cox, — So.3d —-, 2013 WL 4081414 (Fla. 3d…
Continue Reading 3d DCA: $1.2 million trustee fee dispute snowballs into across-the-board indictment of trustee’s tenure resulting in whopping $5.3 million adverse judgment

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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

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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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