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Contested Guardianship Proceedings

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5th DCA: Can a guardian for a minor ward create an annuity that restricts the ward’s access to her assets even after turning 18?

By Christian Cameron on June 18, 2012

Hancock v. Share, — So.3d —-, 2011 WL 2650887 (Fla. 5th…

Continue Reading 5th DCA: Can a guardian for a minor ward create an annuity that restricts the ward’s access to her assets even after turning 18?

2d DCA: When are guardians and attorneys entitled to fees in contested guardianship proceedings?

By Anthony Marek on June 18, 2012

Thorpe v. Myers, — So.3d —-, 2011 WL 2731937 (Fla. 2d…

Continue Reading 2d DCA: When are guardians and attorneys entitled to fees in contested guardianship proceedings?

Is a court-appointed guardian of the property necessary to exercise a minor’s vote in the appointment of a PR?

By Juan C. Antúnez on September 5, 2011

Most people (including most lawyers) assume that a minor’s parents, i.e., a…
Continue Reading Is a court-appointed guardian of the property necessary to exercise a minor’s vote in the appointment of a PR?

3d DCA: When can a judge ignore your Declaration Naming Preneed Guardian?

By Juan C. Antúnez on September 7, 2010

Magill v. Dresner, — So.3d —-, 2010 WL 3025111 (Fla. 3d…
Continue Reading 3d DCA: When can a judge ignore your Declaration Naming Preneed Guardian?

3d DCA on when questioning from the bench goes too far in guardianship trials

By Juan C. Antúnez on June 14, 2010

Fernandez v. Guardianship of Fernandez, — So.3d —-, 2010 WL 2178831…

Continue Reading 3d DCA on when questioning from the bench goes too far in guardianship trials

5th DCA: How do you litigate examining committee findings?

By Juan C. Antúnez on March 26, 2009

Levine v. Levine, — So.2d —-, 2009 WL 482260 (Fla. 5th…
Continue Reading 5th DCA: How do you litigate examining committee findings?

Florida needs to adopt the Adult Guardianship and Protective Proceedings Jurisdiction Act

By Juan C. Antúnez on March 17, 2009

The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) addresses a…
Continue Reading Florida needs to adopt the Adult Guardianship and Protective Proceedings Jurisdiction Act

4th DCA: Court says NO to family in contested guardianship proceeding

By Juan C. Antúnez on February 20, 2009

Morris v. Knight, — So.2d —-, 2009 WL 321586 (Fla. 4th…
Continue Reading 4th DCA: Court says NO to family in contested guardianship proceeding

Pre-death will contests: Can guardianship litigation preempt a will contest?

By Juan C. Antúnez on August 19, 2008

Florida law couldn’t be clearer, F.S. 732.518 tells us in no uncertain…

Continue Reading Pre-death will contests: Can guardianship litigation preempt a will contest?

4th DCA: Procedural statute for determining incapacity does NOT make the potential ward responsible for examining committee fees where the guardianship petition is dismissed or denied

By Juan C. Antúnez on June 30, 2008

Ehrlich v. Severson, — So.2d —-, 2008 WL 2512375 (Fla. 4th DCA Jun…

Continue Reading 4th DCA: Procedural statute for determining incapacity does NOT make the potential ward responsible for examining committee fees where the guardianship petition is dismissed or denied

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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.

    2025 … The Year in Review

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    2023 … 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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